2024 (11) TMI 294

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.... For the Petitioner : Mr. Mukul Rohatgi, Sr. Adv. Mr. Amit Khemka, Adv. Mr. Ashwani Taneja, Adv. Mr. Divyam Agarwal, Adv. Ms. Ishita Farsaiya, AOR Mr. Sandeep Dash, Adv. Mr. Deepak Singh, Adv. Mr. Sparsh Bhargava, Adv. Ms. Vanshika Taneja, Adv. Ms. Misha Rohatgi, Adv. Mr. Keshav Sehgal, Adv. For the Respondent : Mr. Suryaprakash V.Raju, A.S.G. Mr. Zoheb Hussain, Adv. Mr. Annam Venkatesh, Adv....

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....LA. Section 479(1) reads thus: "479. Maximum period for which under trial prisoner can be detained. (1) Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention ....

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....n shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. Explanation.-In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded." In the facts of the ....

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....135(1)(b)(ii) read with Section 140 of the Customs Act, 1862 is three years. On facts, this is not a case where this Court should exercise powers under second proviso to sub-section (1) of Section 479 of the BNSS and deny the benefit of the first proviso. Hence, the appeal is allowed. The appellant is ordered to enlarged on bail in terms of the first proviso of sub- Section 1 of Section 479 ....