In our considered view, the High Court did not
take into consideration Section 77B of the IT Act,
which has to be read to ascertain the nature of
offence provided under Section 66 of the IT Act.
In such view of the matter, the view expressed
by High Court that Section 66 of the IT Act has not
been defined as a bailable offence under the IT Act,
stands set aside.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. /2026
[@ SLP [CRL.] NO.6547/2026]
MAHARAJ SARAN Vs STATE OF PUNJAB & ORS.
Dated: JULY 16, 2026.
Leave granted.
The present appeal has been filed against the
impugned order dated 19.12.2024 passed by the High
Court, wherein a writ petition was filed by the
appellant seeking a writ of habeas corpus to release
his son, i.e., the detenu. The detenu was detained
at the airport pursuant to a Look Out circular
issued against him on 13.12.2024 in FIR No.07/2024
registered for the offences punishable under
Sections 66, 72 and 84-C of the Information
Technology Act, 2000 (for short, ‘the IT Act’) and
Section 78(1)(ii) of the Bharatiya Nyaya Sanhita,
2023 registered on 07.11.2024 at P.S. Cyber Crime,
District – Fazilka, Punjab.
The High Court, while disposing of the writ petition
had observed that ex-facie, Section 66 of the IT Act
has not been defined as a bailable offence under the
IT Act. The said observation has been impugned by
the appellant before this Court.
We had issued a limited notice in the present
matter with respect to the legal issue involving
Section 66 of the IT Act, which has been treated as
a non-bailable offence by the High Court.
We have heard the learned counsel appearing for
the parties.
In our considered view, the High Court did not
take into consideration Section 77B of the IT Act,
which has to be read to ascertain the nature of
offence provided under Section 66 of the IT Act.
In such view of the matter, the view expressed
by High Court that Section 66 of the IT Act has not
been defined as a bailable offence under the IT Act,
stands set aside.
The appeal stands disposed of, with the
aforesaid clarification.
Pending application(s), if any, shall also stand
disposed of.
...............….J.
[M.M. SUNDRESH]
...................J.
[PRASANNA B. VARALE]
NEW DELHI;
JULY 16, 2026.
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