New Delhi: Sharjeel Imam, a student activist, was granted bail on Wednesday by the Delhi High Court in connection with a 2020 communal riots case that included allegations of sedition and illegal actions. Imam challenged a trial court judgement that refused to allow him bail despite the fact that he had already served more than half of the maximum term that might be imposed on him if convicted.
"Appeal is allowed," a bench of Justices Suresh Kumar Kait and Manoj Jain said after hearing the counsel for Imam and the Delhi Police.
According to the prosecution, Imam allegedly made speeches at Jamia Millia Islamia on December 13, 2019, and at the Aligarh Muslim University on December 16, 2019, where he threatened to cut off Assam and the rest of the North East from the country.
Imam was booked in the case registered by Delhi Police's Special Branch, which was initially registered for the offence of sedition and Section 13 of UAPA was invoked later. He has been in custody since January 28, 2020, in the matter.
Imam had claimed before the trial court that he has been in custody for the last four years and the maximum sentence for the offence under Section 13 (punishment for unlawful activities) of the Unlawful Activities (Prevention) Act is 7 years if convicted.
As per Section 436-A CrPC, a person can be released from custody if he has spent more than half of the maximum sentence prescribed for the offence.
The trial court, while refusing to grant him bail on February 17, had ruled that the accused's custody could be extended for a further period in "exceptional circumstances" after hearing the prosecution's case.
Advocates Talib Mustafa and Ahmad Ibrahim appeared for Imam. SPP Rajat Nair represented the Delhi Police. Sharjeel Imam was arrested by the Crime Branch of Delhi Police.
Earlier, the Delhi High Court had sought the reply of the police regarding granting bail to Sharjeel Imam in the case. Following this, the Delhi High Court has granted bail.
Imam is accused in several cases arising from the communal riots of 2020, including the case concerning the alleged larger conspiracy behind the violence. He is in judicial custody in the conspiracy case as well.
With PTI inputs