Section 436-A CrPC relief applied where the undertrial had served over half the maximum sentence and did not cause trial delay.

Section 436-A of the Code of Criminal Procedure, 1973 permits release of an undertrial who has undergone detention up to one-half of the maximum sentence, unless continued custody is justified for recorded reasons. On the stated facts, the accused had remained in custody for a substantial period, the trial had been delayed because witnesses were not produced by the complainant, and there was no material showing that the accused caused the delay. The statutory benefit was therefore available, and release on bail was directed on terms and conditions fixed by the trial court.

---

---

Issues: Whether the petitioner, who had undergone more than one-half of the maximum sentence and where the delay in trial was not attributable to him, was entitled to release on bail under Section 436-A of the Code of Criminal Procedure, 1973.

Analysis: The petitioner had remained in custody for a substantial period and the trial had not concluded despite repeated opportunities. The delay was found to be caused by non-production of witnesses by the complainant and not by any conduct of the petitioner. Section 436-A of the Code of Criminal Procedure, 1973 permits release of an undertrial who has undergone detention up to one-half of the maximum sentence, while allowing continued detention only in appropriate cases for recorded reasons. On the facts, there was no material to show that the petitioner had contributed to the delay, and the discretionary power to refuse the statutory benefit was not attracted.

Conclusion: The petitioner was held entitled to the benefit of Section 436-A and was directed to be released on bail on terms and conditions fixed by the trial court.

---