Delhi court rejects Sharjeel Imam's bail plea

February 17, 2024 23:12

Sharjeel Imam

A court in Delhi on Saturday dismissed the plea of student activist Sharjeel Imam seeking bail on the grounds that he had been in custody for the last four years, which was more than half of the maximum sentence prescribed for the offence.

The court directed to continue Imam's custody, saying the present case was "different" from other cases because of the nature of allegations against Imam and his "disruptive activities."

Additional sessions judge Sameer Bajpai was hearing Imam's plea seeking bail under 436A of the Code of Criminal Procedure, saying he was in custody since January 28, 2020, while the maximum sentence for the offence under Section 13 (punishment for unlawful activities) of the Unlawful Activities (Prevention) Act is seven years, if convicted.

According to CrPC Section 436-A, a person can be released from custody if he has spent more than half of the maximum sentence prescribed for the offence.

The court, however, underlined that according to the provision, an accused's custody could be extended for a further period in "exceptional circumstances" after hearing the prosecution's case.

"Keeping in view the alleged acts of the applicant (Imam), the court is of the view that the facts in the case in hand are not normal and different than the facts which in any other case could be," the court said.

"Considering the allegations against the applicant and his disruptive activities, the court deems it appropriate not to consider the relief as prayed for and to continue his custody," it added. -- PTI

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