- In the lack of any specific provisions, the Supreme Court noted that Section 436A of the Code of Criminal Procedure would likewise apply to the Special Acts.
- The bench further stated that this rule must be followed to the letter and that a bail application is not even necessary in cases of this kind, especially where the reasons for the delay are not the accused's fault.
- In the decision Satender Kumar Antil v. Central Bureau of Investigation, these observations were made. The bench noted that Act 25 of 2005 added Section 436A to the Code.
- In accordance with this clause, the court may release a person on his or her personal bond with or without sureties after detention that has lasted up to half the maximum sentence allowed for that offence.
- Particularly when an appeal or admission is ongoing, the word "trial" will need to be given a wider definition. This clause has a commendable goal behind it, especially in terms of providing bail.
- This clause limits the amount of time an under-trial prisoner may be held. The custody of the accused during the investigation, inquiry, and trial must be taken into account during this time.
- In order to bring an appeal under Section 436A in a situation where it has been pending for a longer period of time, the length of all detention must be taken into account.
- The term "must" make it clear that this regulation must be followed at all times. In our opinion, a bail application is not even necessary in a situation of this kind, especially if the defendant is not to blame for the delay.
- We are also aware that the public prosecutor must be consulted before a decision is made, and the court must consult with the public if it believes that detention should continue for more than half of the allotted time.
- To be clear, in the absence of any other provision, the requirement included in Section 436A of the Code would likewise apply to the Special Acts.
- After all, there wouldn't be many witnesses in these kinds of situations, and extending the trial might not be warranted.
- Perhaps adherence to this Court's instructions and closer adherence to Section 309 of the Code are required in order to accelerate the procedure.
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