Statutory undertrial release for first-time offenders applies where detention exceeds one-third of the maximum sentence, with bail granted on terms.
A first-time offender detained for more than one-third of the maximum sentence for the scheduled offence was entitled to statutory release under the first proviso to section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, as extended to proceedings under the Prevention of Money-Laundering Act, 2002. The Court found no past conviction and no sufficient basis to refuse the benefit by invoking the second proviso. Bail was therefore granted on appropriate terms to be fixed by the Special Court.
Issues: Whether the appellant, being a first-time offender who had undergone detention for more than one-third of the maximum sentence for the scheduled offence, was entitled to release on bail under the first proviso to section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, despite the request to invoke the second proviso.
Analysis: The applicable statutory framework treated the corresponding undertrial-release provision as extending to prosecutions under the Prevention of Money-Laundering Act, 2002. The appellant was not shown to have any past conviction and had already undergone detention exceeding one-third of the maximum imprisonment prescribed for the scheduled offence. The maximum sentence for the scheduled offence was three years, and the record did not justify denial of the statutory benefit by invoking the second proviso. The Court therefore applied the first proviso and directed release on bail on appropriate terms.
Conclusion: The appellant was held entitled to bail under the first proviso to section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the request to deny that benefit was rejected.
Final Conclusion: Statutory undertrial-release protection was extended to the appellant, resulting in enlargement on bail on terms to be fixed by the Special Court.
Ratio Decidendi: A first-time offender who has undergone detention beyond one-third of the maximum sentence for the alleged offence is entitled to release under section 479(1), unless the Court records reasons to continue detention under the second proviso.
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