(1) Where a person has, during the period of investigation, inquiry or trial under
this Sanhita of an offence under any law (not being an offence for which the punishment of
death or life imprisonment 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
bail:
Provided that where such person is a first-time offender (who has never been convicted
of any offence in the past) he shall be released on bail by the Court, if he has undergone
detention for the period extending up to one-third of the maximum period of imprisonment
specified for such offence under that law:
Provided further 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 bond instead of the
personal bond:
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.
(2) Notwithstanding anything contained in sub-section (1), where an investigation,
inquiry or trial in more than one offence or in multiple cases are pending against a person,
he shall not be released on bail by the Court.
(3) The Superintendent of jail, where the accused person is detained, on completion
of one-half or one-third of the period mentioned in sub-section (1), as the case may be, shall
forthwith make an application in writing to the Court to proceed under sub-section (1) for
the release of such person on bail.
Important Links
