Report No. 177

10. Insertion of new section 436.-

After section 436 of the principal Act the following section shall be inserted namely:-

436A. Release of detained persons on personal bond in certain case.- (1) Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death 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 his personal bond with or without sureties as it may deem fit.

Provided 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 instead of the personal bond with or without sureties as it may think fit.

Provided further 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:

Explanatio.- 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) No person shall be detained in police custody unless such detention is required for the purposes of investigation of any offence.

(3) Where a person is required to be detained in custody, such custody shall be judicial custody."