Law:

Section:

(a) Criminal Procedure Code (V of 1898)---Ss. 426(1-A) & 497(1)---Scope and application of Ss.426(1-A) & 497(1), Cr.P.C: --Distinction between the two provisions indicated. A perusal of subsection (1-A) with its clause (c) of S.426, Cr.P.C. indicates that an appellate Court is required to release convicted person on bail if he has been awarded imprisonment for life or imprisonment exceeding seven years and his appeal has not been decided within a period of two years of his conviction unless, the appellate Court for the reasons to be recorded directs otherwise. Subsection (1) of section 497, Cr.P.C. and its 3rd and 4th provisos deal with a case, in which trial has not commenced and/or has not been completed. It empowers the Court to release any person accused of any non-­bailable offence if he is arrested or detained without warrant or who appears or is brought before it, but it further provides that such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years. However, 3rd proviso to subsection (1) of section 497, Cr.P.C. lays down that the Court shall, except where it is of the opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf, release such person, if he is charged with an offence punishable with death and his trial has not been concluded within a period of two years during which the accused remained continuously under detention. 4th proviso to subsection (1) of section 497, Cr.P.C. places an embargo upon the 3rd proviso by providing that the 3rd proviso shall not apply to a previously convicted offender or to a person who, in the opinion of the Court is a hardened, desperate or dangerous criminal. There seems to be a marked distinction between subsection (1-A) of section 426, CrY.C. and subsection (1) of section 497, Cr.P.C. with its provisos inasmuch as under the former the appellate Court for the reasons to be recorded can decline to suspend sentence or release a convict on bail even upon the expiry of two years…

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