Dipak Misra, J.

1. Maxwell in his treatise on Interpretation of Statute (tenth edition) page 284 in his inimitable style postulated thus :

"The tendency of modern decisions, upon the whole is to narrow materially the difference between what is called a strict and a beneficial construction. All statutes are now construed with a more attentive regard to the language and criminal Statutes with a more rational regard to the aim and intention of the legislature, than formerly. It is unquestionable right that the distinction should not be all together erased from the judicial mind, for it is required by the spirit of our free Institutions that the interpretation of all Statutes should be favourable to personal liberty."

The purpose of referring to the aforesaid passage is due to the fact that the learned counsel for the petitioners have impressed upon this Court to interpret Section 438 of the Code of Criminal Procedure (hereinafter referred to as 'Code') in such a manner so that it would be 'favourable to personal liberty'. Their submission, in essence, is that in absence of any rider in the language of Section 438 of the Code, it should be allowed to have free play without any confin