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Jaisingh S/O Asharfilal Yadav And Ors. vs State Of Maharashtra And Anr. on 31 March, 2003 cites

J.K.(Bombay) Ltd vs Bharu Matha Mishra And Ors on 18 January, 2001

13. The decision in J.K. (Bombay) Ltd. v. Bharti Matha Mishra's case is on totally different issue and pertains to the object behind Article 21 of Constitution of India. It has been held therein that the paramount object of Article 21 is to prevent the encroachment of right of a person with respect to his life and liberty, save in accordance with the procedure established by law and in conformity with the provisions thereof. Personal liberty envisaged under this Article means freedom from physical restraint of a person by incarceration or otherwise. It was also held that in criminal cases the law which entails conviction and sentence, liberal construction with the aid of assumption, presumption and implications cannot be resorted to for the purpose of roping in the criminal prosecution, such persons who are otherwise not intended to be prosecuted or dealt with by the criminal court. It was also held that the penal law cannot be interpreted in a manner to cover within its ambit such persons who are left out by the legislature.
Supreme Court of India Cites 7 - Cited by 6 - Full Document
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