QING SHI Vs. STATE

JUDGEMENT

(1.) The petition is filed against the impugned order dated 16.12.2020 passed by the learned Additional Session's Judge-02, Patiala House Courts New Delhi (hereinafter referred learned Appellate Court) in Criminal Revision No.65/2020 filed by the State in case FIR No.230/2020 under Section 3/4/5 of the Official Secrets Act and Section 120B IPC registered at police station Special Cell thereby reversing the order 08.12.2020 passed by the learned Chief Metropolitan Magistrate, New Delhi District, Patiala House Courts, New Delhi (hereinafter referred learned Trial Court)

(2.) The petitioner herein was shown to have been arrested in the above case and was in judicial custody since 27.09.2020. She was admitted to bail vide bail application under Section 167 (2) Criminal Procedure Code (Cr P C) vide order dated 08.12.2020 passed by the learned Trial Court. However, in the revision filed by the State, learned Appellate Court vide impugned order dated 16.12.2020 set aside the impugned order dated 08.12.2020 passed by the learned Trial Court. The order passed by the learned Appellate Court is challenged by petitioner in this Court.

(3.) Admittedly, the petitioner was arrested in this case on 19.09.2020 and the period of 60 days for filing the charge sheet expired on 20.11.2020. The application under Section 439 Cr.P.C. for grant of bail was moved by the petitioner on 26.11.2020 and it was only thereafter the charge sheet was filed on 28.11.2020. Later another application under Section 167(2) Cr.P.C. was also filed on 04.12.2020, but it was dismissed.