Pre-trial detention duration warrants bail if conditions of statutory provisions are met, barring certain exceptions for multiple charges.

ORAL ORDER

Accused No.19, in Sp.C.C.No.780/2022 pending before the court of Prl. City Civil and Sessions Judge at Bengaluru arising out of ECIR/BGZO/09/2020 registered by the respondent for the offences punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 ('PML Act' for short), is before this court in the successive bail application filed under Section 4 83 of BNSS, 2023 is seeking regular bail.

2. Heard the learned counsel for the parties.

3. Learned counsel for the petitioner submits that the petitioner was arrested and remanded to judicial custody in the present case on 21.02.2023. The maximum punishment for the alleged offence is imprisonment for a period of seven years. The petitioner is in custody in the present case for a period of more than two years four months. Therefore he has already undergone detention for the period extending to one third of the maximum sentence that would be imposed on the petitioner. Under the circumstance, in view of the first proviso to Section 479 of BNSS, 2023 , the petitioner is entitled to be released on bail.

4. Per Contra, learned counsel for the respondent, who has filed the statement of objections has opposed the petition. He submits that the petitioner is facing trial in more than one case and therefore in view of the sub- section (2) of Section 4 79 of BNSS, 2023 , the first proviso to Section 4 79(1) of BNSS, 2023 , cannot be made applicable to the petitioner.

5. Section 479 of BNSS, 2023 reads as follows:

" Section 479 - Maximum period for which undertrial 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 for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on bail:

Provided that where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be released on bond by the Court, if he has undergone detention for the period extending up to one- third of the maximum period of imprisonment specified for such offence under that law:

Provided further that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail bond instead of his bond:

Provided also that no such person 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.(2)Notwithstanding anything in sub- section (1), and subject to the third proviso thereof, where an investigation, inquiry or trial in more than one offence or in multiple cases are pending against a person, he shall not be released on bail by the Court.(3)The Superintendent of jail, where the accused person is detained, on completion of one-half or one-third of the period mentioned in sub-section (1), as the case may be, shall forthwith make an application in writing to the Court to proceed under sub-section (1) for the release of such person on bail."

6. The Hon'ble Supreme Court in reference to 'Inhuman Conduct in 1382 Prisons' by order dated 23.08.2024, has observed that provisions of Section 479 of BNSS, 2023 shall apply to all th