LAWS(DLH)-2025-8-21

YASH MISHRA Vs. STATE OF NCT OF DELHI

Decided On August 27, 2025
Yash Mishra Appellant
V/S
STATE OF NCT OF DELHI Respondents

JUDGEMENT

(1.) The instant Public Interest Litigation(hereinafter referred to as PIL) petition has been filed with the following prayers:-

(2.) Heard the petitioner in person and the learned counsel representing the respondents.

(3.) It has been contended in support of the prayers made in this writ petition by the petitioner that the impugned provision of Sec. 193(9) read with Sec. 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as BNSS, 2023) is arbitrary and violates Article 21 of the Constitution of India qua the accused persons, who are facing criminal trial, and accordingly, specific guidelines need to be formulated to ensure timely completion of further investigation under Sec. 193(9) of BNSS, 2023. Further submission of the petitioner is that the provision of Sec. 193(9), if read in conjunction with the provision of Sec. 187(3) of the BNSS, 2023, camouflages the statutory right of 'default bail' as provided for in Sec. 187(3) of the BNSS, 2023.