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TMI Blog2024 (11) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... ection (1) of Section 479 of the BNSS? - HELD THAT:- It is not in dispute that the maximum sentence for the scheduled offence under Sections 132, 135(1)(a)(ii) and 135(1)(b)(ii) read with Section 140 of the Customs Act, 1862 is three years. On facts, this is not a case where this Court should exercise powers under second proviso to sub-section (1) of Section 479 of the BNSS and deny the benefit of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Adv. Mr. Animesh Upadhyay, Adv. Mr. Arvind Kumar Sharma, AOR Ms. Aakriti Mishra, Adv. Mr. Aniruddha Deshmukh, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR ORDER 1. Leave granted. 2. It has been observed that in the case of Vijay Madanlal Chaudhary vs. Union of India, (2022) SCC Online SC 926 that the beneficial provision of Section 436A of the Code of Criminal Procedure, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... um period of imprisonment specified for that offence under that law, he shall be released by the Court on bail: Provided that where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be released on bond by the Court, if he has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... past. Therefore, the first proviso to sub-section (1) of Section 479 of the BNSS will apply to this case as admittedly, the appellant has undergone detention for a period of more than 1/3rd of the maximum period of imprisonment provided for the offence alleged against him. Learned counsel appearing for the respondent no.1 prays that second proviso to sub-section (1) of Section 479 of the BNSS must ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within a maximum period of one week from today. The Special Court shall enlarge the appellant on bail on appropriate terms and conditions till the disposal of the case. One of the conditions shall be that the appellant will remain present before the Courts hearing the case of the scheduled offence as well as the offence under the PMLA and shall cooperate with the Courts for early disposal of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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