In a noteworthy decision, the Delhi High Court has granted bail to Harsh Pal Singh, also known as Rubal, who was charged under the Maharashtra Control of Organised Crime Act (MCOCA). The court’s ruling was based on a fundamental violation of Singh’s rights related to his timely production before a magistrate.

Details of the Case

Singh was implicated in an alleged organized crime syndicate and faced multiple charges, including those under the Bharatiya Nyaya Sanhita, 2023, as well as the Arms Act. This judgment was delivered by Justice Chandrasekharan Sudha on February 10, 2026, overturning a prior decision by a trial court that had denied bail.

Contentions Regarding Timeliness

The essence of the legal challenge revolved around the timeline of Singh’s arrest and subsequent appearance in court. Singh was apprehended at Amritsar Airport on the night of September 25, 2025, while planning to board a flight to Bangkok. He was transferred to the custody of the Delhi Police Special Cell and produced before a Special Court two days later, on September 27, 2025.

Defense Argument on Custodial Violations

The defense team, led by Advocates Rajani and Nishant Rana, contended that Singh had been in custody for more than the 24-hour period allowed by Article 22 (2) of the Constitution and the Bharatiya Nagarik Suraksha Sanhita. In response, the prosecution asserted that Singh was briefly interrogated and released on a notice to appear for further investigation the following day. However, the High Court expressed skepticism towards these claims.

Findings of the Court

The court pointed out General Diary entries which suggested that Singh’s belongings, including his passport and bag, were surrendered to the Delhi Police team, and that he was transported in a government vehicle, indicating that a formal release had not occurred. The court held that the right to be presented before a magistrate within the allotted 24-hour time frame is an essential constitutional requirement.

Precedents and Legal Principles

In its judgment, the court referenced various Supreme Court precedents, stating that any custody that extends beyond this stipulated period without judicial oversight would be illegal. Despite the prosecution’s arguments concerning the serious nature of the offenses and Singh’s purported intention to evade law enforcement by booking a flight shortly after receiving a police notice, the court underscored the necessity of adhering to procedural law.

Conditions for Bail

As a result of the findings and underlining the seriousness of the case, bail was granted to Singh but was accompanied by strict conditions, including a personal bond of Rs two lakhs.