The single judge bench of Justice Jagmohan Bansal of the Punjab and Haryana High Court in the case of K.Mahaveer Munot Vs State of U.T. and another held that Right of personal liberty granted by Article 21 of the Constitution of India is one of the most pious and important fundamental right guaranteed by our Constitution. Arrest not only deprives right of personal liberty but also causes mental agony, stress and tarnish reputation of entire family.
BRIEF FACTS
The factual matrix of the case is that the petition under Section 482 of Code of Criminal Procedure, 1973, the petitioner is seeking quashing of order vide which bail of the petitioner was cancelled and whereby the petitioner has been declared proclaimed person in complaint case titled as “M/s Theogen vs. M/s Shri Mahaveer Medical Stores and another” passed by Judicial Magistrate Ist Class.
The learned counsel appearing on behalf of the petitioner was granted bail by the trial court. It was further contended that the petitioner engaged another counsel as his earlier counsel expired, which resulted into passing of orders of cancellation of bail bonds and declaring him a proclaimed person.
COURT’S OBSERVATION
The hon’ble court held that the Right of personal liberty granted by Article 21 of the Constitution of India is one of the most pious and important fundamental right guaranteed by our Constitution. Arrest not only deprives right of personal liberty but also causes mental agony, stress and tarnish reputation of entire family. Further, the trial court released the petitioner on bail.
CASE NAME- K.Mahaveer Munot Vs State of U.T. and another
CITATION- CRM-M-53462 of 2022
CORUM- Justice Jagmohan Bansal
DATE- 18.11.22
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