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Showing contexts for: 436A Cr.PC in Pramod Kumar Saxena vs Union Of India & Ors on 19 September, 2008Matching Fragments
(d) Issue appropriate order to treat the petitioner in custody, in cases where petitioner has not been produced, from the date of service of production warrant on the petitioner and adjust the same for the purpose of bail u/s. 436A of Cr.P.C.
(e) Pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case".
3. The case of the petitioner is that, he is an under-trial prisoner lodged in District Jail, Bareilly since more than ten years i.e. since August, 1998. He has approached this Court for enforcement of fundamental rights guaranteed under Articles 14, 19, 20 and 21 of the Constitution of India.
12. It was also stated that by the Code of Criminal Procedure (Amendment) Act, 2005, Section 436A came to be inserted which provides that an under-trial prisoner other than the one accused of an offence for which death has been prescribed as one of the punishments, has been under detention for a period extending to one- half of the maximum period of imprisonment provided for the alleged offence, he should be released on his personal bond, with or without sureties.