A Delhi court has ordered alleged conman Sukesh Chandrashekhar’s release in a 2017 corruption case. 

Special Judge (PC Act) Vidya Prakash of the Rouse Avenue Court passed an order on October 28, holding that Chandrashekhar has already been in jail for a period longer than the maximum punishment for the offences he faces.

“Consequently, it is hereby directed that the applicant/accused namely Sukesh @ Sukash Chandrashekhar be not detained during pendency of trial in this case, and he be released from jail forthwith, if not required in any other case,” the Court ordered. 

Chandrashekhar was arrested on October 24, 2017, in this case. The FIR was registered by the Delhi Police Crime Branch. 

According to records, he spent eight years, nine months and 14 days in custody, even after excluding periods of parole and interim bail. He is charged with the offences under Section 12 of the Prevention of Corruption Act and Section 120B IPC, which carry a maximum sentence of seven years.

The prosecution opposed the plea, citing 29 criminal cases against him across several states, some under MCOCA, and an apprehension that he could influence witnesses. It was also argued that he had not furnished sureties after being granted bail under Section 436A on September 21, 2022, and should not benefit from his own wrong.

However, the Court held that the second proviso to Section 436A of the Code of Criminal Procedure (CrPC) is mandatory. As per the same, no person shall in any case be detained during the period of investigation inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.

It found the prosecution had not shown that the accused caused any delay in proceedings. 

Therefore, the Court ordered his release in the case. 

[Read Order]