The Delhi High Court held that release under Section 436-A CrPC is not automatic for offences punishable with death. Sunil Maan, accused in the custodial murder of two undertrial prisoners, sought release after completing over 10 years in custody. The Court observed that Section 436-A explicitly excludes murder under Section 302 IPC, which carries the death penalty. Despite prolonged detention, delays were partly due to absconding co-accused, COVID-19 disruptions, and trial court backlog. The Court declined to evaluate the applicant’s role or conduct at the bail stage, noting that only 29 of 70 witnesses had been examined and mini-trials cannot substitute proper proceedings. Considering gravity, gang affiliations, and public safety, the bail application was dismissed, reaffirming that statutory release provisions are subject to the nature of the offence.