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Imam has been under the scanner for offences under the Unlawful Activities Prevention Act, sedition, and promoting enmity between groups, among others during the Anti CAA/ NRC Protests.
The Saket Court in Delhi on Friday granted bail to Sharjeel Imam in the case registered against him for allegedly delivering provocative speeches at Aligarh Muslim University and Jamia Milia Islamia in 2019 during the anti-CAA/NRC protests.
Additional Session Judge Anuj Aggarwal granted bail to Imam in view of the Supreme Court order in S.G. Vombatkare. However, he'll not be out of jail as he is facing trial in other cases as well.
While passing the order, Court noted that "offence u/s 124A IPC in all pending cases has already been directed to be kept in abeyance by the Supreme Court in S.G. Vombatkare....Whereas, offence under section 153A IPC is concerned, it is not disputed that the alleged act of Imam is punishable with maximum imprisonment upto three years as provided under section 153A(1) IPC".
Special Public Prosecutor Amit Prasad had submitted that without going into the merit of the allegations leveled against Imam, state was not against the instant application as the case of Imam was squarely covered u/s 436A CrPC keeping in view the directions of Supreme Court.
In view of the above, the Court, without commenting upon merit of the present case, allowed bail to Sharjeel Imam upon furnishing of personal bond in the sum of Rs. 30,000 with one surety of like amount subject to the condition that he shall always remain available on a working mobile number and shall intimate the concerned IO about change of address, if any.
The order has been passed after the Delhi High Court directed Sharjeel Imam to approach the court seeking interim bail in an FIR against him for the offence of Sedition under Section 124A of the Indian Penal Code, in view of recent Supreme Court order, keeping the law of sedition in abeyance, till the Union Government considers the provision.
Earlier, the Saket Court had rejected bail plea of Imam saying that a cursory reading of the transcription of Sharjeel's speech delivered at Jamia Milia Islamia on December 13, 2019 against the Citizenship Amendment Act & NRC implementation was clearly on divisive lines and that just because other co-accused had been granted bail, Imam could not claim parity with them.
Case Title: Sharjeel Imam Vs. State
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