5. The learned counsel for the appellant has further submitted that Section 436 A of Criminal Procedure Code provides that where a person has, during the period of investigation, inquiry or trial under this Code 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. Although this provision refers to the period spent in custody during the period of "investigation, inquiry or trial", but the object of this provision appears to be that in case the accused undergoes more than half of the sentence before the final adjudication of his guilt and ultimately he is held to be innocent, the period of his life spent in incarceration cannot be returned to him and, therefore, he should not be made to remain in custody for more than half of the maximum period for which he may be sentenced before his guilt is finally established. He submitted that this principle would apply to the period of pendency of criminal appeal also, as whether the appellant is guilty or not, has to be decided by the Appellate Court while deciding the Appeal filed by the Appellant against the order of his conviction.
