Overstayed Sentence: Delhi Court Orders Release of Sukesh Chandrashekhar in Corruption Case
A Delhi court orders the release of Sukesh Chandrashekhar in a corruption case after he spent nearly 2 years beyond the maximum sentence.
In a significant legal development, a Delhi court has ordered the immediate release of alleged conman Sukesh Chandrashekhar in a specific corruption case. The decision comes after it was revealed that Chandrashekhar has already spent 8 years, 9 months, and 14 days in custody—far exceeding the maximum seven-year prison term prescribed for the offences he is facing in this particular trial.
Beyond the Legal Limit
Special Judge (PC Act) Vidya Prakash of the Rouse Avenue Court noted that the accused had remained in custody for 1 year, 9 months, and 14 days beyond the maximum possible punishment. The court directed that he be released forthwith in this case, provided he is not required in any other legal matter.
However, this order does not mean an immediate exit from prison. Chandrashekhar continues to face trial in numerous other criminal cases, and he will remain in custody as long as those matters require his detention.
The Legal Basis for Release
The order was granted following an application filed by Chandrashekhar’s lawyer, Anant Malik. The plea was based on Section 436A of the Code of Criminal Procedure, Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Article 21 of the Constitution, which guarantees the right to life and personal liberty.
The court emphasized that the law is mandatory regarding the detention of undertrial prisoners. Key points from the court's observations include:
- Mandatory Release: The judge highlighted that the word "shall" in Section 436A indicates that releasing an undertrial who has served the maximum sentence is a mandatory requirement.
- No Delay by Accused: The court found that the prosecution failed to prove that Chandrashekhar was responsible for any delays in the legal proceedings.
- Constitutional Violation: Referring to several Supreme Court precedents, the court noted that keeping an undertrial in custody longer than the maximum possible sentence is illegal and violates Article 21 of the Constitution.
Timeline of Custody
Chandrashekhar was first arrested in this case on October 24, 2017. According to jail records, as of October 27, 2026, his total time in custody reached 8 years, 9 months, and 14 days, even after subtracting periods when he was out on interim bail or parole.
The charges against him, framed on October 13, 2022, include Section 12 of the Prevention of Corruption Act and Section 120B of the Indian Penal Code.
Prosecution's Opposition
The prosecution strongly opposed the release application. They argued that Chandrashekhar is a habitual offender involved in 29 different criminal cases across various states. They specifically pointed to serious charges he faces under the Maharashtra Control of Organised Crime Act (MCOCA) and expressed apprehension regarding his release.
Despite these objections, the court maintained that the statutory obligation to release a prisoner who has served the maximum term for a specific offence must be upheld. As part of the release order for this case, the court has directed Chandrashekhar to furnish a personal bond of Rs 1 lakh on or before the next hearing date.