'When No Minimum Sentence Is Prescribed, Accused is Entitled To Default Bail If Charge-Sheet Not Filed In 60 Days': Delhi High Court Grants Bail To Journalist Rajeev Sharma

The Delhi High Court has granted bail to journalist Rajeev Sharma, who was arrested for allegedly leaking sensitive information to Chinese intelligence.The court observed that an accused is entitled to default bail if chargesheet is not filed in 60 days, if no minimum sentences is prescribed under the statute for the offences alleged against him.Sharma had earlier moved a petition seeking. Justice Yogesh Khanna, while considering the revision petitions, referred to the judgments in Rajeev Choudhary vs. State of NCT of Delhi 2001SCC 34 and Rakesh Kumar Paul Vs State of Assam and observed that the words "not less than" in Section 167 would mean that the imprisonment should be of 10 years or more and would cover only those cases for which the punishment and imprisonment would be for a clear period of 10 years or more. The court also noted that in Rakesh Kumar Paul, it was observed that, in all cases where the minimum sentence is less than 10 years but the maximum sentence is not death or life imprisonment then Section 167 will apply and the accused will be entitled to grant of "default bail" after 60 days in case charge-sheet is not filed. "Under the Official Secret Acts for which the petitioner is being tried, though entail punishment which may extend to 14 years but the Section does not talk of minimum period of sentence and thus does not pass the test of clear period of 10 years or more, per Rajeev Choudhary and Rakesh Paul and as such the period of challan in this case would be 60 days and thus the impugned order passed by the learned MM being illegal is set aside and the petition is allowed.