In Brief
The State of Delhi appealed against the High Court's grant of bail to Rajeev Sharma, accused of offences under the Official Secrets Act, 1923 (Sections 3, 4, 5) and IPC Section 120B. The key issue was whether Section 3 of the Official Secrets Act—which prescribes a maximum of 14 years imprisonment but no minimum—qualifies as an offence 'punishable with imprisonment for not less than 10 years' under Section 167(2) CrPC for bail purposes. The Supreme Court held that since the offence carries a maximum term of 14 years, it falls within the higher threshold, entitling the accused to statutory bail after 90 days if investigation remains incomplete. The Court dismissed the appeal, relying on Rakesh Kumar Paul's decision that an offence is 'punishable' with a term if that term is available as a maximum, irrespective of minimum prescriptions.
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