The Delhi High Court ruled that an accused under the Arms Act, 1959, cannot claim default bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, merely because the chargesheet was filed without sanction under Section 39 of the Arms Act. Justice Tejas Karia held that the absence of sanction does not make the chargesheet incomplete. The Court referred to the Supreme Court ruling in Judgebir Singh v. NIA (2023), which clarified that a chargesheet without sanction does not grant a right to default bail under Section 167(2) CrPC (now Section 187(3) BNSS). In this case, the accused allegedly fired at the complainant and was identified via CCTV. A chargesheet and supplementary report were filed within 90 days. The applicant argued that the chargesheet lacked sanction and thus was incomplete.
However, the Court found the investigation complete and rejected the default bail plea. It emphasized that the requirement of sanction affects the trial, not the validity of the chargesheet. The petition was dismissed, confirming that sanction under Section 39 is not a condition for default bail.
