Tuesday 26 April 2016

CrPC 436A: Section 436A of the Criminal Procedure Code

Maximum period for which an under trial 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.
Explanation – In computing the period of detention under this section for granting bail the period of detention passed due to delay in proceeding caused by the accused shall be excluded.
Benefit of  436 A Cr.P.C in Prevention of Money laundering ACT cases
Apex Court gave directions to dispose off the matter of bail of Hasan Ali Khan who was in jail in connection with case under PML act in light of the directions passed by it in Bhim Singh Case. In Light of the order of the Apex Court ,Hasan Ali Khan was granted benefit of  provisions of 436 A of Cr.P.C and was granted bail by Bombay High Court.

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