The Delhi High Court on Wednesday granted statutory bail to Sharjeel Imam in a UAPA and sedition case related to alleged inflammatory speeches at Aligarh Muslim University and the Jamia area in Delhi against the Citizenship Amendment Act, reported Live Law.
The division bench of Justice Suresh Kumar Kait and Justice Manoj Jain approved Imam’s bail plea after he challenged a trial court’s decision denying him statutory bail.
Imam sought bail based on having served half of the maximum seven-year sentence. Despite the bail, he will remain in jail over to his alleged involvement in the larger conspiracy case related to the Delhi riots, which also includes UAPA charges.
Advocates Talib Mustafa and Ahmed Ibrahim represented Imam, while SPP Rajat Nair represented the Delhi Police. Mustafa argued that Imam had already spent four years and seven months in custody out of the maximum seven years.
In contrast, Nair contended that Imam had not completed half of his sentence and cited the explanation to Section 436A of the CrPC, arguing that Imam was not eligible for statutory bail. Nair also attributed the delay in pre-trial detention to Imam, claiming that the trial was stayed at his instance in 2022.
The court allowed Imam’s plea after reviewing various dates, including the framing of charges and witness examinations. Previously, on February 17, the trial court had dismissed Imam’s bail plea, stating that his speeches and activities had “mobilized the public”, disrupted the national capital, and potentially sparked the 2020 riots.