Pre-trial detention beyond statutory limits violates personal liberty and triggers release on bail under criminal procedure law.

Article 21 requires pre-trial custody to follow fair procedure, and Section 167(2) of the Code of Criminal Procedure limits detention during investigation. Where the accused remains in custody beyond the statutory period without filing of the charge-sheet or any lawful justification for further remand, continued detention becomes illegal and the accused is entitled to bail on furnishing the required bond. Repeated mechanical remands without monitoring completion of investigation were inconsistent with both the constitutional guarantee of personal liberty and the statutory scheme governing custody. The petition was accordingly allowed and release was directed forthwith on personal bonds, with liberty to the State to proceed lawfully.

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Issues: Whether the prolonged detention of the petitioners without completion of investigation and without compliance with the statutory time-limit under the criminal procedure law was illegal and entitled them to release on bail.

Analysis: Article 21 protects personal liberty and permits deprivation only according to procedure established by law. Section 167(2) of the Code of Criminal Procedure, 1973 limits authorisation of custody during investigation and mandates release on bail on expiry of the prescribed period where the accused is prepared to furnish bail. The petitioners had remained in custody for years without the prosecution placing charge-sheets before the court or showing lawful justification for continued detention. Repeated mechanical remands, without monitoring whether investigation had been completed, were inconsistent with the constitutional guarantee of fair procedure and the statutory command governing pre-trial custody.

Conclusion: The continued detention was illegal and the petitioners were entitled to be released on bail on their own bond without sureties.

Final Conclusion: The petition was allowed and the petitioners were ordered to be released forthwith on personal bonds, with liberty to the State to take further lawful proceedings.

Ratio Decidendi: Pre-trial detention cannot continue beyond the statutory limit under Section 167(2) of the Code of Criminal Procedure, 1973, and any custody beyond that limit without lawful justification violates Article 21 and entitles the accused to release on bail.

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