New Delhi: A court has ordered the release of Sukesh Chandrasekhar in a 2017 corruption case, noting that he had spent one year and nine months beyond the maximum sentence prescribed for the offences. However, he will continue to remain in custody in connection with other pending cases.
Chandrasekhar was arrested in the case on Oct 24, 2017. Charges were framed against him on Oct 13, 2022, under Section 12 of Prevention of Corruption (PC) Act and Section 120B (criminal conspiracy) of IPC read with Section 12 of PC Act. Chandrashekhar’s counsel, his nominal roll furnished by the jail authorities shows he had undergone a total undertrial period of eight years, nine months and 14 days as on Oct 27, 2026, after excluding periods of custody parole and interim bail, according to advocate Anant Malik.
Special judge Vidya Prakash allowed his application under the second proviso to Section 436A of Code of Criminal Procedure (CrPC), holding that under it, the release of an undertrial who has spent more than the maximum prescribed sentence in custody is mandatory. Both offences carry a maximum punishment of seven years.
Opposing his release, the prosecution argued that Chandrasekhar was involved in 29 criminal cases registered across various states and faced charges of serious offences, including under Maharashtra Control of Organised Crime Act. Chandrasekhar has been directed to furnish a personal bond of Rs 1 lakh on or before the next date of hearing. It also apprehended that he could influence or intimidate material witnesses and hamper a fair trial if released.
“Chandrashekhar has already undergone custody for a period beyond the maximum period of imprisonment prescribed for the offences for which he has been charged with in this case,” the court said. The court held that the use of the word “shall” in CrPC 436A made the provision mandatory, leaving no scope for detention beyond the maximum prescribed punishment during investigation, inquiry or trial. The court, however, held that these objections could not override the statutory mandate.