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Delhi HC Upholds Custody Extension, Denies Default Bail to SI Sukhbir Singh in MCOCA Case

Shivam Y.

Delhi High Court dismisses SI Sukhbir Singh’s default bail plea in MCOCA case, ruling SPP appointment delay was procedural, not illegal.

Delhi HC Upholds Custody Extension, Denies Default Bail to SI Sukhbir Singh in MCOCA Case

On 8 August 2025, the Delhi High Court dismissed the petition of Sukhbir Singh, a Delhi Police Sub-Inspector accused in a high-profile organised crime case. The case stems from the killing of Sunil Jain on 7 December 2024, which police say was a mistaken identity murder linked to gang rivalry.

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Sukhbir Singh was arrested on 16 February 2025. During the search of his car, police recovered multiple mobile phones, GPS devices, ₹5.12 lakh in cash, and 31 live cartridges. Investigators allege he connected two shooters involved in the killing and helped one of them evade arrest.

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MCOCA provisions were invoked on 21 April 2025, extending the investigation period from 90 days to a possible 180 days. Singh challenged two key orders - a 13 June 2025 order extending his custody and investigation period, and an 8 July 2025 order rejecting his default bail plea. His counsel argued that the extension was illegal because the Special Public Prosecutor (SPP) present on 13 June 2025 had not been validly appointed under Section 8 of MCOCA at that time.

The State countered that SPP Akhand Pratap Singh's appointment was approved on 24 May 2025 and formalised on 8 July 2025 with retrospective effect. The Court noted that the SPP's report had been considered alongside the case diary, satisfying Section 21(2)(b) of MCOCA.

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Justice Swarana Kanta Sharma ruled that any delay in the formal notification of the SPP's appointment was a procedural irregularity, not a substantive illegality. The Court held that no prejudice was caused to the accused, and the statutory safeguards were met. The petition was dismissed, with the Court cautioning the State to act promptly in serious cases.

Case Title:- Sukhbir Singh vs State NCT of Delhi through SHO

Case No.:- W.P.(CRL) 2100/2025