New Delhi: In an important ruling, delhi high court Bail has been granted to an accused charged under the Maharashtra Control of Organized Crime Act (MCOCA) on the ground that his fundamental constitutional rights were violated in terms of time spent before a magistrate. The appellant Harsh Pal Singh alias Rubal is allegedly involved in an organized criminal group and faces charges under the Indian Act 2023 and the Arms Act. Justice Chandrasekharan Sudha delivered a judgment on February 10, 2026, setting aside the earlier trial court order denying him bail.The legal dispute centers on the timing of the appellant’s arrest and subsequent court appearance. On the evening of September 25, 2025, Singh was detained at Amritsar Airport while trying to travel to Bangkok. He was subsequently handed over to the Delhi Police Special Cell and produced before a special court on September 27, 2025. The defense team, led by advocates Rajani and Nishant Rana, argued that the total period of time he was detained before being produced before a magistrate exceeded the 24-hour limit prescribed under Article 22(2) of the Constitution and the Bharatiya Nagarik Suraksha Sanhita. Although the prosecution claimed that Singh was briefly questioned and told to join the investigation the next day, the High Court found these claims to be “rather suspicious”. General diaries show that Singh’s belongings, including his passport and bag, were handed over to the Delhi team who then took him away in a government vehicle, making a formal release unlikely.The court emphasized that the right to be tried within 24 hours is a mandatory constitutional provision. Citing Supreme Court precedent, the court noted that any detention beyond this period without judicial authorization would constitute an unlawful detention. Despite prosecutors’ concerns about the seriousness of the offence, and the fact that Singh tried to book a flight to abscond shortly after being notified by police, the court insisted that procedural law must be strictly adhered to. Accordingly, the bail was granted under strict conditions, including a personal surety bond of two lakh rupees.
