S.479 BNSS | Trial Courts Must Not Mechanically Adjourn Bail Pleas Of Undertrials Who Completed One-Half Of Maximum Imprisonment: Delhi HC
1 month, 2 weeks ago

S.479 BNSS | Trial Courts Must Not Mechanically Adjourn Bail Pleas Of Undertrials Who Completed One-Half Of Maximum Imprisonment: Delhi HC

Live Law  

The 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

HP scholarship scam: CBI court dismisses 2nd bail plea of accused ED officers
1 day, 14 hours ago
Supreme Court Rejects Bail Plea Of Former Gujarat IAS Officer Pradeep Sharma In 2023 Illegal Land Allotment Case
2 days, 12 hours ago
Provisions Of S.47(1) Of BNSS Are Mandatory, Violation Will Render Arrest & Subsequent Detention Invalid: Andhra Pradesh High Court
6 days, 6 hours ago
Allahabad HC grants bail to ex-SP MLA Irfan Solanki in 2022 extortion case
1 week, 1 day ago
Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail
1 week, 5 days ago
'Conduct Not In Accordance With Dignity Of AG's Office': Chhattisgarh HC Denies Anticipatory Bail To Ex-Advocate General In 'NAN Scam' Case
1 month ago
Legal Expatiate, Certificate Course, Draftng And Pleadng, Bail
1 month, 1 week ago
Delhi court grants bail to CEO, coordinator in UPSC coaching drowning case
1 month, 1 week ago
Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017
1 month, 2 weeks ago
Benefit Of First Proviso To Section 479 BNSS Cannot Be Applied Retrospectively To Convicted Prisoners: Kerala High Court
1 month, 2 weeks ago
Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman
1 month, 2 weeks ago
Why 2-Judge Benches Hear Bail Applications? Supreme Court Questions Calcutta High Court Practice, Seeks Report
1 month, 2 weeks ago
Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]
1 month, 3 weeks ago
Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court
1 month, 3 weeks ago
Supreme Court divided over AIMIM candidate Tahir Hussain’s interim bail plea to canvas for and contest in Delhi Assembly polls
1 month, 3 weeks ago
Supreme Court asks Delhi Police’s reply on Tahir Hussain’s plea for interim bail
Trending News
1 month, 3 weeks ago
'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order
Trending News
2 months ago
'Nomination Can Be Filed Even While Sitting In Jail': Delhi High Court On Tahir Hussain's Interim Bail Plea To Contest Assembly Polls
2 months ago
Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
2 months, 1 week ago
Calcutta High Court Denies Bail To Former Education Minister Partha Chatterjee, Four Others In Recruitment Scam Case
2 months, 3 weeks ago
Kolkata HC rejects bail pleas of Partha Chatterjee in school jobs case
2 months, 3 weeks ago
Supreme Court Issues Notice In Bail Plea Of Azam Khan & Son In Stolen Machine Case
3 months ago
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024
3 months ago
SC grants bail to two men in Delhi Waqf Board money laundering case
3 months, 1 week ago
Prosecution Can't Commence With Statement Of Co-Accused U/S 50 PMLA: Calcutta HC Grants Bail To Recruitment Scam Accused Sujay Krishna Bhadra
3 months, 1 week ago
IIT-BHU gang rape: Third accused granted bail after 11 months in jail
3 months, 2 weeks ago
Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 months, 2 weeks ago
Fix time for completion of trials, but denying bail no solution, SC tells HCs
3 months, 2 weeks ago
Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court
3 months, 2 weeks ago
Calcutta High Court Grants Bail To Suspended TMC Youth Vice-President In Recruitment Scam Case
3 months, 2 weeks ago
No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court
3 months, 2 weeks ago
Telangana HC Extends Bail to Bhujanga Rao
4 months ago
Bail Pleas, Criminal Petitions Filed After July 01, 2024 For FIRs Lodged Prior To Said Date To Be Governed By BNSS: Gauhati High Court
4 months ago
Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case
4 months, 1 week ago
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024
4 months, 1 week ago
S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC
4 months, 1 week ago
High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
4 months, 3 weeks ago
Karnataka HC rejects bail for UP man accused of cheating 15 people across India
5 months, 1 week ago
PMLA case:Former Punjab minister Ashu forced to withdraw bail plea due to lawyers’ goof up
5 months, 3 weeks ago
Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench
6 months, 1 week ago
When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
6 months, 1 week ago
SC fast-tracks process for release of undertrials under new criminal laws
6 months, 3 weeks ago
Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024
6 months, 3 weeks ago
Allahabad HC relief to SP MLA in 2021 criminal case
7 months, 1 week ago
Bombay High Court Denies Bail To Sanjay Chhabria Booked In Yes Bank-DHFL Multi-Crore Scam
8 months, 1 week ago
Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC
8 months, 2 weeks ago
Soumya Vishwanathan murder case: SC to hear DP's SLP challenging bail to four convicts on July 8
8 months, 2 weeks ago
Bombay HC Grants Bail to POCSO Accused Without Prima Facie Sexual Intent
8 months, 3 weeks ago
Delhi Court refuses bail to Bibhav Kumar in Swati Maliwal assault case
9 months, 1 week ago

Discover Related