STATE (NCT) OF DELHI versus RAJEEV SHARMA

STATE (NCT) OF DELHI versus RAJEEV SHARMA

Clause (i) of proviso (a) to Section 167(2) Cr.P.C. applies only where the offence is punishable with a minimum sentence of not less than ten years; since Section 3 of the Official Secrets Act prescribes only a maximum punishment up to 14 years and no minimum, the sixty-day period under Section 167(2)(a)(ii) applies...

Source-derived case information.

Parties
Appellant: State (NCT) of Delhi; Respondent: Rajeev Sharma
Jurisdiction
India
Judgment Date
02 April 2025
Procedural Posture
Criminal Appeal No. 608 of 2021 / Judgment on Appeal (appeal Dismissed)
Outcome
Appeal dismissed
Legal Topics
Statutory Bail, Default Bail, Section 167(2) Cr.p.c., Official Secrets Act
Criminal Procedure Criminal Law Statutory Bail Default Bail Section 167(2) Cr.p.c. Official Secrets Act

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Parties

State (NCT) of Delhi

Appellant

Rajeev Sharma

Respondent

Procedural Posture

Criminal Appeal No. 608 of 2021 / Judgment on Appeal (appeal Dismissed)

Legal Issues

  1. 1 Whether the phrase 'imprisonment for a term of not less than ten years' in clause (i) of proviso (a) to Section 167(2) Cr.P.C. includes an offence for which a maximum punishment of 14 years is prescribed but no minimum period of imprisonment is provided.

Ratio Decidendi

Clause (i) of proviso (a) to Section 167(2) Cr.P.C. applies only where the offence is punishable with a minimum sentence of not less than ten years; since Section 3 of the Official Secrets Act prescribes only a maximum punishment up to 14 years and no minimum, the sixty-day period under Section 167(2)(a)(ii) applies and the accused became entitled to default bail; the High Court's grant of bail was therefore correct.

Court Disposition

Appeal dismissed

Orders

  • High Court order granting bail to the respondent affirmed
  • Appeal dismissed