‘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 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 default bail before on the ground that 60 days period having expired since his arrest and charge sheet not been filed by the State. This petition was magistrate on the ground that the time period of filing the charge sheet in this offence would be 90 days. The court had upheld the state’s contention that since there is no minimum punishment prescribed and the maximum punishment is more than 10 years than the chargesheet can be filed beyond 60 days but before 90 days from the date of arrest.