Section 479. Maximum period for which under trial prisoner can be detained
(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:
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:
ExplanationIn 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.
Provisowhere such person is a first-time offender (who has never been convicted of any offence
in the past) he shall be released on bond 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:
Provisothe 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 his bond:
Provisono 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.
(2)
Notwithstanding anything in sub-section (1), and subject to the third proviso thereof, 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.
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.
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.