VidhiSangh

Supreme Court of India · 02/04/2025

STATE (NCT) OF DELHI versus RAJEEV SHARMA

[2025] 4 S.C.R. 617 · 2025 INSC 456

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Summary

The accused, arrested for offences under Sections 3, 4 and 5 of the Official Secrets Act, 1923 and Section 120B IPC, was granted default bail by the High Court after the chargesheet was not filed within sixty days. The Supreme Court dismissed the State's appeal, holding that the words 'imprisonment for a term of not less than ten years' in clause (i) of proviso (a) to Section 167(2) CrPC refer to offences carrying a minimum sentence of ten years, so that an offence under Section 3 of the Official Secrets Act, punishable with up to fourteen years but with no minimum, attracts the sixty-day period under clause (ii), as held by the three-Judge Bench majority in Rakesh Kumar Paul v. State of Assam.

Issues

  1. Whether the expression 'imprisonment for a term of not less than ten years' in clause (i) of proviso (a) to Section 167(2) CrPC includes an offence punishable with a maximum of fourteen years' imprisonment but for which no minimum sentence is prescribed.
  2. Whether the accused was entitled to default bail on the expiry of sixty days without a chargesheet.

Provisions considered

Held

Result

Appeal dismissed; grant of default bail by the Delhi High Court upheld. The Trial Court, before which the matter is pending for framing of charge, directed to proceed with the trial as expeditiously as possible in accordance with law. Pending applications closed.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 617.