Criminal Procedure Code, 1973
Sections 436A & 439—Regular bail—Cheating case—Considering the fact that the petitioner has already undergone one-half of the maximum period of imprisonment specified for the offence under Section 420 IPC, the petitioner is entitled to the benefit of Section 436A of CrPC which has been held to be a mandatory provision by the Apex Court—Allegation against petitioner may be serious but they do not warrant the invocation of an exception carved in the first proviso to Section 436A CrPC, to continue the detention of petitioner for a period longer than one-half of the maximum period of imprisonment specified for Section 420 IPC, when notably it is not a case of prosecution that the petitioner has in any way been responsible for the delay of trial—Petitioner has made out a case for grant of regular bail—Application allowed.
[Paras 16, 17 & 20]