29 May 2024 Bail and Antcipatory Bail >> Criminal Law   |   Criminal Trial >> Criminal Law  

A recent appeal case highlights the application of Section 436-A of the Cr.P.C., which grants bail to undertrials who have been detained for a period exceeding half of the maximum sentence for their alleged offences.

The appellant in this case was arrested in 2020 on charges including sedition (Section 124A IPC) and offences under the Unlawful Activities (Prevention) Act (UAPA). He remained in custody for over four years while the trial proceeded. However, the trial was stayed due to ongoing Supreme Court proceedings regarding the constitutionality of Section 124A IPC.

With the trial on hold, the appellant argued that he had already served more than half of the maximum sentence for the charges excluding sedition. Therefore, he petitioned for bail under Section 436-A Cr.P.C.

The lower court, however, rejected the bail plea citing the seriousness of the accusations. The appellant challenged this decision on the grounds that the delay in trial was not attributable to him and that the severity of the alleged crimes shouldn't solely determine bail under this section.

The appellate court ultimately ruled in favor of the appellant. It acknowledged the legislative intent behind Section 436-A Cr.P.C., which is to prevent excessively long pre-trial detentions. The court emphasized that while the judge has the discretion to extend detention beyond half the sentence, the reasons must be justifiable. In this case, the court found no legitimate grounds for denying bail based solely on the seriousness of the charges.

This case underscores the importance of Section 436-A Cr.P.C. in ensuring timely consideration of bail pleas and preventing unnecessarily long incarcerations before trial.

  Code of Criminal Procedure (Amendment) Act, 2005    Unlawful Activities (Prevention) Act, 1967