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Criminal LawSupreme Court of India

State (NCT) of Delhi v. Rajeev Sharma

Criminal Appeal · 2025 INSC 456Decided 3 Apr 2025
Criminal Appeal No. 608 of 2021
Justice Bela M. Trivedi · Justice Prasanna B. Varale

Background

The respondent was arrested in 2020 on charges under Sections 3, 4 and 5 of the Official Secrets Act along with criminal conspiracy under the IPC. When the police failed to file a chargesheet within 60 days of his arrest, he sought default bail on the ground that the investigation period for his alleged offence had expired. The trial courts repeatedly rejected his bail applications, but the Delhi High Court eventually granted him default bail, holding that the 60-day (not 90-day) investigation window applied because Section 3 of the Act, while allowing punishment up to 14 years, does not prescribe any minimum sentence. The State of Delhi appealed to the Supreme Court against that grant of bail.

Decision Breakdown

The Supreme Court dismissed the State's appeal, holding that the longer 90-day investigation period under Section 167(2) applies only to offences for which the law itself fixes a minimum sentence of "not less than ten years", not merely offences whose maximum punishment happens to reach or exceed ten years. Since neither Section 3 nor Section 5 of the Official Secrets Act prescribes a minimum sentence, the shorter 60-day period applied, and since the chargesheet was not filed within that period, the respondent had already earned the right to default bail. The Court followed its own earlier three-judge bench ruling in Rakesh Kumar Paul v. State of Assam on this exact point.

Lesson Learnt

Whether an undertrial gets default bail after 60 or 90 days depends on whether the specific criminal law sets a minimum sentence of at least ten years for the offence, not on how severe the maximum punishment happens to be: a distinction that can decide whether a long-pending chargesheet delay actually earns someone their release.

State (NCT) of Delhi v. Rajeev Sharma – Legal Case Shots | LegalAware