TMI Blog2021 (8) TMI 1136X X X X Extracts X X X X X X X X Extracts X X X X ..... emises, even if right to be released on bail for such delay under the provision, is not an absolute right in view of the first proviso inasmuch as in appropriate cases, the detention of the Petitioner for a longer period can be ordered, even if he has undergone more than one-half of the sentence prescribed, but such discretion should be used to deny the benefit under Section 436-A of Cr.P.C. when the accused mischievously or purposefully delaying the trial and the delay in disposal is attributable to him. This Court extending the benefit of mandate of Section 436-A of Cr.P.C. directs the trial Court to release the Petitioner on bail in the case on such terms and conditions as it would deem just and proper - Application allowed. - BLAPL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t vide order dated 4.11.2020 has granted interim bail for a period of sixty days to the Petitioner with a direction to the Court below that to take all effective steps to conclude the trial within six months from the date of order and in view of the order of this Court, the trial court posted the case on 25.1.2021, 12.2.2021, 25,2.2021, 1.3.2021, 2.3.2021 and 3.3.2021 and on 3.3.2021, but due to non-production of the witnesses by the complainant and seeking adjournment, the trial of the case could not be completed though the petitioner is in custody since 12.10.2018 and cooperating with the trial. 6. From the aforesaid, it appears that the prosecution in this case is not interested to conclude the case at an early date inasmuch as in s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcluded. 7. As it appears, in this case, nothing has been brought to the notice of the Court indicating the fact that the petitioner, who was all along in custody has contributed to the delay of conclusion of the trial, rather the order of the Magistrate speaks that the complainant is not producing the witnesses, as such, the delay. In such premises, even if right to be released on bail for such delay under the provision, is not an absolute right in view of the first proviso inasmuch as in appropriate cases, the detention of the Petitioner for a longer period can be ordered, even if he has undergone more than one-half of the sentence prescribed, but such discretion should be used to deny the benefit under Section 436-A of Cr.P.C. when th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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