The Supreme Court held that the right to liberty under Article 21 cannot be the sole ground of consideration for granting bail in cases where security or integrity of the nation is called into question.
The case concerned the 2010 derailment of the Jnaneshwari Express which killed 148 people. The accused were charged for murder (Section 302) under the Indian Penal Code, 1860, terrorist acts (Section 16) under Unlawful Activities (Protection) Act and many other provisions. They were accused of conspiring to damage the railway tracks to protest anti-Moist operations carried out by the Government in the region. The Calcutta High Court had granted bail to the accused in 2022 and 2023 citing prolonged incarceration. It also relied on Section 436-A of the Code of Criminal Procedure, 1973 (CrPC) which deals with the maximum period for which an undertrial prisoner can be detained. The Central Bureau of Investigation (CBI) filed appeals in the Supreme Court.
The Supreme Court set aside the High Court judgements to the extent that they relied on an erroneous legal premise. It held that the High Court should not have extended the benefit of Section 436-A as it bars its application to offences carrying the punishment of death (Section 302 of IPC and Section 16 of UAPA). Further, the High Court’s reliance on Article 21 was fallacious. It did not cancel the bail of the accused noting that the CBI had failed to show that they had misused their liberty, tampered with witnesses or caused delays to trial.
Central Bureau of Investigation v Dayamoy Mahato
11 December 2025
Citations: 2025 INSC 1418 | 2025 SCO.LR 12(3)[12]
Case comment
Key Aspects of Section 436-A (CrPC):
- Eligibility: An undertrial prisoner must have spent half of the maximum jail term specified for their alleged offence.
- Release Mechanism: The court, after hearing the Public Prosecutor, can release them on personal bond, with or without sureties.
- Exceptions:
- It does not apply to offences punishable with death or life imprisonment.
- The court may, for written reasons, extend the detention beyond half the period.
- In no case can a person be detained for more than the maximum imprisonment term.
- Calculation Exclusions: Any delay in the proceedings caused by the accused is excluded from the computation of the detention period.
- Scope: The Supreme Court has extended its applicability to special statutes like the Prevention of Money Laundering Act (PMLA).
- Replacement: In the new criminal law, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), this provision is covered under Section 479.
Bench: Justices Sanjay Karol and N.K.Singh
Keywords/phrases: Sections 16/18 of the Unlawful Activities (Prevention) Act, 1967–Sections 120B, 302, 207, 323, 325, 326, 440, 212 of the Indian Penal Code, 1860–Sections 150/151 of the Indian Railways Act, 1989–Section 436A of the Code of Criminal Procedure, 1973–inapplicable to offences punishable by death–High Court erred in granting bail to accused–Article 21 of the Constitution of India—porlonged incarceration as ground of bail—national security
Read the Judgement here.
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