In an order passed on September 1, Justice Vikas Mahajan said that even though allegations against him are serious but he has undergone half of the maximum period of imprisonment specified for the offences under the offences he has been charged with.
“The allegation against the petitioner may be serious but they do not warrant the invocation of an exception carved in the first proviso to Section 436A CrPC, to continue the detention of the petitioner for a period longer than one-half of the maximum period of imprisonment specified for Section 420 IPC, when notably it is not a case of the prosecution that the petitioner has in any way been responsible for the delay of trial,” the Court said.
Justice Mahajan further noted that as many as 50 witnesses have been cited by the prosecution in this case and it is going to be a long trial.
No useful purpose will be served in keeping the petitioner in judicial custody, the Court concluded.
Source: Barandbench
