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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA
Sukhbir Singh – Appellant
Versus
State Nct Of Delhi Through Sho – Respondent
| Table of Content |
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| 1. challenging the denial of default bail based on procedural grounds. (Para 1 , 3) |
JUDGMENT :
DR. SWARANA KANTA SHARMA, J.
INTRODUCTION
1. The petitioner is an accused in FIR No. 629/2024, registered on 07.12.2024 at Police Station Farsh Bazar, Delhi (now being investigated by the Special Cell of Delhi Police), for commission of offence punishable under Sections 103 (1)/3(5) of the Bharatiya Nyaya Sanhita, 2023 [hereafter " BNS ‟] read with Sections 25 /27 of the Arms Act, 1959 . He was arrested in relation to the present case on 16.02.2025. Later, Sections 3 and 4 of the Maharashtra Control of Organised Crime Act, 1999 [hereafter "MCOCA‟] were invoked in the present case, and the petitioner‟s judicial remand was obtained.
2. By way of this writ petition, the petitioner seeks to challenge the order dated 08.07.2025, passed by the learned ASJ-03/Special Judge, Patiala House Courts, New Delhi, vide which the petitioner‟s application for grant of default bail was dismissed. He further seeks to assail the order dated 13.06.2025, passed by the learned Vacation Judge, Patiala House Courts, New Delhi, extending the period of investigation as enabled underSection 21 (2)(b) of
The requirements for extending investigation periods under MCOCA were upheld, clarifying that procedural lapses do not invalidate arrests if rights are protected.
The court reaffirmed that an accused’s right to default bail is contingent on proper legal procedures being followed; improper extensions can revive these rights until the formal charge-sheet is file....
The duty of the Public Prosecutor to independently apply his mind and satisfy himself before seeking extension of time for investigation under Section 21(2)(b) of the MCOC Act is crucial, and the gra....
The court emphasized the necessity of the Public Prosecutor's independent application of mind when seeking extension of investigation time, which is essential for safeguarding the accused's rights.
(1) Default bail – Once period of detention expired, sans charge-sheet having been lodged and accused manifested intent to avail right by making application, no subterfuge to defeat indefeasible righ....
Default bail—Extension of time for filing charge-sheet—Notice is required to be given to accused only after accruing any right of getting default bail after expiry of 90 days from date of their arres....
Jurisdiction under MCOCA is restricted to designated Special Courts, and any extension of investigative custody requires adherence to statutory protocols to ensure legality of judicial actions.
(1) Default bail – Filing of a charge-sheet is sufficient compliance with provisions of Section 167 of Cr.P.C. and accused cannot claim any indefeasible right of being released on statutory/default b....
(1) Default bail – Indefeasible right to default bail is an integral part of right to personal liberty under Article 21 and said right cannot be suspended even during pandemic situation.(2) Default b....
A notice to counsel suffices for informing the accused regarding extension of investigation under MCOCA, establishing the importance of representation in legal proceedings.
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