Court again reserves order on Sharjeel's plea, grants time to Delhi police for clarification
bail plea of Sharjeel Imam. The court also granted time to Delhi Police to file clarification of MHA guidelines in connection to the release of accused on bail in the Unlawful Activities (Prevention) Act (UAPA) along with other offences.
Additional Sessions Judge (ASJ) Amitabh Rawat on Saturday reserved the order for December 21.
Also asked the Police to file clarification.
Special public prosecutor Amit Prasad submitted that there is some ambiguity on the provision mentioned by the defence counsel on the point that whether the accused under UAPA with multiple offences and undergone half of the sentence under UAPA, is entitled to be released on bail under section 436A CrPC.
He also submitted that the clarification will take two weeks.
Advocate Talib Mustafa opposed the submissions made by the SPP for Delhi Police.
He argued that what the SPP is submitting is related to post-conviction cases. Whereas Sharjeel is un undertrial.
The submissions don't apply to him.
He also argued that the bail order is reserved for the last two months. I am not going to wait anymore.
Earlier on September 11, 2023, the court reserved its order on the plea of Sharjeel Imam seeking statutory bail on the grounds of the period already undergone in the Sedition case. He has been in custody since January 28, 2020.
It had been argued by his counsel that Sharjeel Imam had already undergone more than three and a half years. This is more than one-half of the maximum sentence in this case.
Sharjeel Imam's counsel advocate Talib Mustafa, had argued that the accused has undergone half of the maximum sentence, therefore he is entitled to statutory bail under section 436 A CrPC.
«He has undergone the maximum sentence even without a trial. Under
