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
- 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.
- Whether the accused was entitled to default bail on the expiry of sixty days without a chargesheet.
Provisions considered
- Section 167(2), proviso (a), clauses (i) and (ii), Code of Criminal Procedure, 1973The ninety-day period applies only where the investigation relates to an offence punishable with death, life imprisonment or imprisonment for a term of not less than ten years, which, following Rakesh Kumar Paul, means an offence carrying a minimum sentence of ten years; in every other case the accused becomes entitled to bail on the expiry of sixty days if the chargesheet is not filed. (¶¶ 4, 5, 6, 7, 8)
- Sections 3 and 5, Official Secrets Act, 1923Section 3 prescribes a maximum punishment of fourteen years with no minimum, and Section 5 a maximum of three years; neither falls within clause (i) of proviso (a) to Section 167(2) CrPC, so the sixty-day period governed the investigation. (¶ 7)
Held
- The words 'not less than' in clause (i) of proviso (a) to Section 167(2) CrPC must be given their natural meaning of a minimum threshold; the clause relates to offences punishable with a minimum of ten years' imprisonment. Where a statute prescribes only a maximum sentence of ten years or more without a minimum, the period for completing investigation before default bail accrues is sixty days under clause (ii), as held by the majority in Rakesh Kumar Paul and followed in M. Ravindran. (¶¶ 6, 8, 9)
- Since Section 3 of the Official Secrets Act, 1923 carries a maximum of fourteen years with no minimum and Section 5 a maximum of three years, and the investigation was not completed within sixty days, the accused became entitled to default bail under Section 167(2)(a) CrPC; the High Court rightly released him. (¶¶ 7, 10)
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.