Delhi High Court: Trial Courts Must Not Mechanically Adjourn Bail Pleas of Undertrials Who Completed One-Half of Maximum Imprisonment | Section 479 BNSS

The bench headed by Justice Swarana Kanta Sharma in the case stated that if in case a judge proceeds on leave, it must be brought to the notice of the concerned Link Judge that such cases are to be taken up on priority, either on the next date or at the shortest possible date.

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The Delhi High Court in the case Suleman Samad Versus State Of NCT Of Delhi observed and 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, wherein the undertrial prisoners have already undergone one half of the maximum imprisonment.

The bench headed by Justice Swarana Kanta Sharma in the case stated that if in case a judge proceeds on leave, it must be brought to the notice of the concerned Link Judge that such cases are to be taken up on priority, either on the next date or at the shortest possible date.

The section 479 of Bharatiya Nagarik Suraksha Sanhita, 2023, states that where a person has, during the period of investigation, inquiry or trial, for offences not punishable with death or life imprisonment, has undergone detention for a period extending up to one-half of the maximum period of imprisonment shall be released on bail.