USHA MEHRA
CHANORA SWAMI – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent
( 1 ) RIGHT to life and liberty are the hallmarks of our Constitution. Constitution of India guarantees the freedom of movement and zealously safeguard and protect the liberty of an Indian citizen. The Apex Court in few of its judicial pronouncements coined the maxim "bail and not jail be the rule" while dealing with applications of bail. But at the same time, it has been laid down by the Apex Court in umpteen number of case that while granting the concession of bail, it must be kept in mind that such liberty as enshrined in the Constitution should not be unbridled. It is subject to restrictions. Personal liberty can be enjoyed but not at the cost of moral norms and values of the society nor it should be outside the four walls of the law. If such liberty violates public policy and infringes the provisions of law then it has to be curtailed. Therefore, while dealing with the right of personal liberty of an individual and consequential curtailment on account of the restrictions imposed. Courts cannot be carried away or be under awe on account of the status of that individual. howsoever high that individual may be, he is not above law. Keeping this dictum in mind, we ha
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