The Delhi High Court on Wednesday granted bail to student activist Sharjeel Imam in connection with a 2020 communal riots which involves allegations of sedition and unlawful activities.
Imam challenged a trial court order that denied him bail, despite him having served more than half of the maximum sentence possible in case of a conviction.
“The appeal is allowed,” stated a division bench of Justices Suresh Kumar Kait and Manoj Jain, following arguments from Imam’s counsel and the Delhi Police.
As per the prosecution, Imam allegedly threatened to cut off Assam and the rest of the North East from the country during speeches at Jamia Millia Islamia on December 13, 2019 and Aligarh Muslim University on December 16, 2019, respectively.
Sharjeel Imam was charged in a case filed by the Delhi Police’s Special Branch, which was initially registered for sedition and later invoked Section 13 of the UAPA. He has been in custody since January 28, 2020, in connection with the matter.
Imam had asserted before the trial court that he has been in custody for the past four years, and the maximum sentence for the offense under section 13 (punishment for unlawful activities) of the Unlawful Activities (Prevention) Act is 7 years, if convicted.
According to Section 436-A CrPC, a person can be released from custody if they have served more than half of the maximum sentence prescribed for the offense.
Despite this, the trial court, in its decision on February 17, declined to grant him bail, stating that the accused’s detention could be prolonged for an additional period in “exceptional circumstances” after hearing the prosecution’s arguments.
Imam is implicated in several cases stemming from the communal riots of 2020, including the case related to an alleged broader conspiracy behind the violence. He remains in judicial custody in connection with the conspiracy case as well.
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