
S.479 BNSS | Trial Courts Must Not Mechanically Adjourn Bail Pleas Of Undertrials Who Completed One-Half Of Maximum Imprisonment: Delhi HC
Live LawThe Delhi High Court has ruled that the trial courts must promptly pass orders and must not mechanically adjourn bail applications moved in cases covered by Section 479 of Bharatiya Nagarik Suraksha Sanhita, 2023, where the undertrial prisoners have already undergone one half of the maximum imprisonment. The Court was informed that while the bail application was filed by him in November, 2024, the jail authorities had forwarded a letter to the Trial Court in December last year regarding completion of his one-third of the maximum sentence which may be awarded to him in case of his conviction in the case. His counsel submitted that the Trial Court had failed to adjudicate the bail application for the last two months and the benefit of Section 479 of BNSS was being denied to the accused. Noting that the plea of the accused remains un-adjudicated before the Trial Court till date, the Court said: “… it is discouraging to note that despite the mandate of Section 479 of BNSS, as noted above, and a report in this regard having already been sent by the Jail authorities and a bail application having also been moved, the learned Trial Court had adjourned the matter on several occasions in a mechanical manner, and even after recording on 08.01.2025 that the report qua the previous involvement of the accused had been received, a date of almost 20 days was given in the present case.” Justice Sharma directed the Trial Court to decide the bail application of the accused, in terms of Section 479 of BNSS, within seven days.
History of this topic

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