479. Maximum period for which undertrial prisoner can be detained.

(1) Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties:

Provided that where such person is a first-time offender, he shall be released on his personal bond by the Court, if such person has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under that law:

Provided further that this section shall not apply to any person who has been convicted by the trial Court and an appeal against such conviction is pending.

Explanation.—In computing the period of detention under this section for granting bail, the period of detention shall include the period of detention during investigation and inquiry and the period during trial.

(2) Where a person is facing multiple charges or cases in multiple offences, he may be excluded from the benefit of this section.

(3) The Superintendent of the jail where the prisoner is confined shall make an application in writing to the Court for the release of such person on bail in accordance with sub-section (1).