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While considering the maximum period of detention for which an undertrial
can be detained, the judicial authorities shall:
S.436-A Cr.P.C.
1.
Ensure the release of a person on
personal bond with or without sureties,
where he or she has during the period of
investigation, inquiry or trial under any
law (not being an offence for which the
punishment of death has been specified
as one of the punishments under the law)
undergone detention for a period up to
half of the maximum period of
imprisonment specified for the offence.
S.436-A Prov.
2.
Ensure that if on the request of a public
prosecutor, the court decides to continue
the
detention
beyond
the
aforementioned period, the court must
record its reasons in writing and may
release him on bail instead of the personal
bond.
S.436-A Prov.
3.
Ensure that no accused is detained
during the period of investigation, inquiry
or trial for more than the maximum period
of imprisonment provided for the said
offence under the law.
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