SC to find out the deadline for submitting the charge sheet to say the usual deposit when there isn’t a minimal time period and the utmost time period is over 10 years
The Apex Court decided to review the legal positioning of the time limit required to file an indictment in order to receive standard bail under Section 167 (2) CrPC.
The court would examine this legal issue in relation to offenses where there is no minimum sentence and the maximum length of detention is more than ten years.
In addition, in the case of the State (NCT of Delhi) v. Rajeev Sharma, the court published a notice on this questions law.
This legal issue arose from an SLP filed to contest an order of the Delhi Supreme Court granting a defendant a late payment deposit for failing to bring charges within 60 days.
The defendant was charged under Section 3 of the Official Secrets Act of 1923 for allegedly disclosing vital intelligence to the Chinese agents. There is no minimum penalty for this offense and the maximum penalty is up to 14 years.
According to the judgment of the Delhi Supreme Court, the standard deposit was granted as this case did not fall within the scope of Section 167 (2) (A) I CrPC. According to this section, the deadline for filing the charge sheet for the offenses; where the prescribed penalty includes death, life imprisonment or imprisonment of at least ten years, it is 90 days.
The Delhi Supreme Court, based on the Supreme Court’s interpretation of the case of Rakesh Kumar Paul v. Assam State, ruled that since the investigating body failed to bring charges within 60 days, the defendant should appeal against the bail can take.
To reconsider the decision in the above case, the Delhi Police filed the current SLP with the Supreme Court, claiming that the provision under Section 167 (2) (a) (i) of the CrPC will be drawn into the Rajeev Sharma case and was therefore complied with.
The bank of the Supreme Court would only hear the legal issue and therefore they would consider when the next hearing is scheduled, i.e. after two weeks.