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1990 Supreme(SC) 325

A.M.AHMADI, P.B.SAWANT, S.C.AGRAWAL
Ashok Kumar Alias Golu – Appellant
Versus
Union Of India – Respondent


Advocates:
A.Subhashini, ARUNESHVAR GUPTA, I.MAKVANA, Indra Sawhney, NAND LAL BALVANI, S.K.Bagga, SURYA KANT SHARMA, V.C.MAHAJAN

JUDGMENT

AHMADI, J.:—Liberty is the life line of every human being. Life without liberty is liastingbut not living. Liberty is, therefore, considered one of the most precious and cherished possessions of a human being. Any attempt to take liberties with the liberty of a human being is visited with resistance. Since no human being can tolerate fetters on his personal liberty it is not surprising that the petitioner Ashok Kumar alias Golu continues to struggle for his liberty, premature release not fully content with the enunciation of the law in this behalf by this Court in Maru Ram v. Union of India, (1981) 1 SCR 1196.

2. The questions of law which are raised in this petition brought under Art. 32 of the Constitution arise upon facts of which we give an abridged statement. On the basis of a FIR lodged on October 21, 1977, the petitioner was arrested on the next day and he along with others was charge-sheeted for the murder of one Prem Nagpal. The petitioner. was tried and convicted for murder on Decenibei 20, 1978 in Sessions Case No. 32 of 1978 by the learned Sessions Judge, Ganganagar, and was ordered to suffer imprisonmerit for life. His appeal, Criminal Appeal No. 40 of 1979, w































































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