Law: Criminal Procedure Code (V of 1898)

Section: 497(1)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(1), third fourth provisos---Offence not punishable with death---Bail---Delay in conclusion of the trial---Extent and scope of the right of an accused to bail on the statutory ground of delay in conclusion of the trial under the third proviso to S. 497(1), Cr.P.C. and the exceptions to such right provided under the fourth proviso, stated. Part (a) of third proviso to section 497(1), Cr.P.C. envisaged that in an offence not punishable with death, the trial of the accused was to be concluded within a period of one year from the date of detention of the accused, and in case the trial was not so concluded, the law mandated the release of the accused on bail. The accused, thus, had a statutory right to be released on bail if his trial for such offence was not concluded within a period of one year from the date of his detention. Period of one year for the conclusion of the trial began from the date of the arrest/detention of the accused and it was of little importance as to when the charge was framed and the trial commenced. The purpose and objective of the provision was to ensure that the trial of an accused was conducted expeditiously and the pre-conviction detention of an accused did not extend beyond the period of one year, in cases involving offences not punishable with death. In such cases, if the trial of an accused was not concluded within a year of his detention, the statutory right to be released on bail ripened in his favour. This statutory right to be released on bail was, however, subject to two exceptions: one was embodied in the third proviso itself and the second was provided in the fourth proviso to section 497, Cr.P.C. As per these exceptions, the right to be released on bail on the ground of delay in conclusion of the trial was not available to an accused if: (i) the delay in conclusion of the trial was occasioned by an act or omission of the accused or by any other person acting on his behalf, or (ii) the accused was a convicted offender for an offence punishable with death or imprisonment for life or was in the opinion of the court a hardened, desperate or dangerous criminal or was accused of…

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