Sharjeel Imam moves HC for bail after SC puts trial of sedition cases on hold

Days after the Supreme Court of India put the trial of sedition cases on hold Jawaharlal Nehru University JNU student leader Sharjeel Imam has moved Delhi High Court seeking interim bail in alleged inflammatory speeches given by him at Aligarh Muslim University and in the Jamia area during the antiCAA agitation in 2019 and 2020Imam in his fresh bail plea stated that since the apex court has put sedition sec 124A in abeyance his case has improved for grant of bailHe has filed the bail plea in connection with FIR22 of the year 2020 which relates to the inflammatory speeches given by him at Jamia and Aligarh Muslim UniversityThe plea stated that in view of the Supreme Courts directions the hindrance raised by the Special Court in the impugned order stands obviated and observations surrounding the offence under section 124A IPC cannot be taken into consideration in the proceedings against the Appellant pending the final outcome of the Constitutional challenges to the sectionDehors the issue of Section 124A IPC the case against the appellant Sharjeel Imam stands significantly diluted and improves his case for securing bailThe Appellant has been incarcerated for nearly 28 months beginning on January 28 2020 whereas the maximum punishment for the offences not including 124A IPC are punishable upto a maximum of 7 years of imprisonment the plea saidThe Appellant meets the proverbial triple test for bail Moreover it is not nor has ever been at any stage the case of the prosecution that the Applicant is a flight risk at risk of influencing any witnesses or tampering with any evidence said the pleaThe Bench of Justice Siddharth Mridul and Justice Rajnish Bhatnagar is scheduled to hear this fresh interim bail plea on Tuesday May 17Earlier Delhi Police in its affidavit stated that charges against Sharjeel Imam are grave in nature the facts of the instant case on which the charges are framed against the accused indeed suggest that the offence as charged against the accused is grave in nature and there is no frivolity in the case of the prosecutionEarlier Counsel appeared for Delhi police also had said the accused is also charged with Section 124A in which an accused shall be punished with imprisonment for lifeThe Special Trial Court order dated January 24 2022 has ordered to frame charges against the Appellant under all the invoked penal provisions On the same day ie on January 24 2022 the Appellants application seeking grant of regular bail under Section 439 CrPC was dismissed by the Special Court which held that it could exercise power only under Section 437 CrPC placing reliance upon its order framing charges against the AppellantThe trial court judge had said accused is directed to be charged for the offences under sections 124A sedition 153A promoting enmity on grounds of religion 153B assertions prejudicial to national integration 505 statements conducing to public mischief of Indian Penal Code and section 13 punishment for unlawful activities of UAPA Vide separate order the application filed by Sharjeel Imam for grant of regular bail is dismissedSharjeet Imam was arrested in 2020 by Delhi Police from Jahanabad Bihar The Delhi Police has filed a charge sheet against him in the present case It was alleged that he gave speeches inciting hatred contempt and disaffection towards the Central government Delhi Police had mentioned in the charge sheet against Sharjeel that he is accused of delivering seditious speeches and inciting a particular section of the community to indulge in unlawful activities detrimental to sovereignty and integrity of the nationThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever