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Head Note

The Code of Criminal Procedure, 1973  - Section 439

Bail - Grant or Declining of Bail - The object of keeping a person in custody is to ensure his availability to face the trial and to receive the sentence that may be passed - The detention is not supposed to be punitive or preventive - Seriousness of the allegation or the availability of material in support thereof are not the only considerations for declining bail - Delay in commencement and conclusion of trial is a factor to be taken into account and the accused cannot be kept in custody for indefinite period if trial is not likely to be concluded within reasonable time - Or otherwise of a prima facie case is necessary.

Topic(s)-

Important Decision(s)- Delay in commencement and conclusion of trial is a factor to be taken into account and the accused cannot be kept in custody for indefinite period if trial is not likely to be concluded within reasonable time.