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Judgment
M.C. Garg, J.—With consent, arguments, heard on merits. Learned petitioner''s Counsel submits that the petitioner is in jail in this case right from 30th January, 2010 and has already remained in custody for a period of one year six months and 15 days and thus has already undergone more than half of the period of sentence which can be awarded to the petitioner for the offence u/s 379 of the Penal Code. Since he is in custody, there is no reason to suggest that he has delayed the proceedings. As such it is submitted that the right which has been accrued in favour of the petitioner u/s 436-A of Cr. PC requires release of the petitioner on bail forthwith.
I have heard learned Counsel for the parties and perused the provisions contained in Sections 436-A of Cr. PC, which reads as under: --
436-A. Maximum period for which an undertrial prisoner can be detained. -- Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties :
Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties :
Provided further that no such person shall in any case, be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.
In view of aforesaid provisions which has been inserted in the Statute only in the year 2005, the right which has been conferred on the petitioner cannot be taken away.
In these circumstances, the petitioner is directed to be released on bail on his furnishing a personal bond in sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the Trial Court on the conditions contained in Section 437(3) of Cr. PC.C.C. as per rules.