A Delhi court has directed the release of alleged conman Sukesh Chandrashekhar from custody in a 2017 corruption case, observing that he has already undergone detention exceeding the maximum period of imprisonment prescribed for the offences for which he is facing trial.
Special Judge (PC Act) (ACB) Vidya Prakash of the Rouse Avenue Court passed the order on October 28, allowing Sukesh Chandrashekhar’s application under Section 436A of the Code of Criminal Procedure (Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023) and Article 21 of the Constitution.
Sukesh Chandrashekhar was arrested in the case on October 24, 2017, and has remained in custody since then, except for intermittent periods of custody parole and interim bail. According to his nominal roll, he had undergone 8 years, 9 months and 14 days of custody as on October 27, 2026, after excluding the periods of interim bail and parole.
The offences for which charges were framed against him under Section 12 of the Prevention of Corruption Act and Section 120B IPC read with Section 12 of the PC Act carry a maximum punishment of seven years.
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The prosecution opposed his release, citing his alleged involvement in 29 criminal cases across different States and the possibility of influencing witnesses. However, the court noted that the prosecution had not established that Sukesh Chandrashekhar was responsible for delaying the trial, which could be excluded while calculating his custody under Section 436A CrPC.
Referring to the statutory protection under Section 436A CrPC, the court observed that its second proviso prohibits detention of an undertrial prisoner beyond the maximum period of imprisonment prescribed for the offence.
Referring to Hussainara Khatoon v. Home Secretary, State of Bihar, (1980) 1 SCC 81, the court held that continued detention beyond the maximum prescribed sentence would violate Article 21. It directed Chandrashekhar’s immediate release in this case, if not required elsewhere, subject to a ₹1 lakh personal bond and conditions against influencing witnesses, committing similar offences or leaving the country without permission.
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