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HC Denies Statutory Bail For Sharjeel Imam, Validates Trial Court’s Order for Extension Of The Investigation [READ JUDGMENT]

Lawstreet Journal 15 Jul 2020 10:03pm

Image courtesy: Lawstreet Journal Judiciary HC Denies Statutory Bail For Sharjeel Imam, Validates Trial Court’s Order for Extension Of The Investigation [READ JUDGMENT]

On 10 July 2020, the Delhi HC denied Sharjeel Imam's statutory bail and put a stay on the trial court's order about the extension of the investigation. The court also rejected the petitioner's argument regarding the APP report's unsustainability. Additionally, the court dismissed the petitioner 's claim that the purpose behind filing a report on the 88th day was a mala fide one. The court thus granted a 90-day extension of the investigation and dismissed the statutory bail for Imam in the Delhi riots case.

FACTS

FIR was registered against the petitioner under Section 124A/153A/505 of the Indian Penal Code (IPC) in Delhi with regard to speeches made in the area of Jamia on 13th December 2019. The video was shared extensively. Another speech was shared where he addressed the AMU crowd. The state claimed the petitioner is accused of offenses relating to sedition and other unlawful activities. Another FIR was also registered in Assam regarding the same issue. In addition, during the investigation, he was also booked under Section 13 of the Unlawful Activities (Prevention) Act, 1967 (UAPA). Later a request was made by the Investigating Officer to APP to ask for another 90 days for investigation under Section 43 of UAPA. The petitioner, under Section 167(2) Cr.PC applied for statutory bail which was rejected later because the time period of investigation was extended. The petitioner challenged the order for extension of investigation and rejection of bail.

Petitioner’s Contention

The counsel primarily contended for the petitioner's extension of custody. The Court did not issue a notice to the petitioner in contravention of the mandatory requirement of Section 43D(2)(b) of the UAPA. Without forming an… Continue Reading...


Tagged: Sharjeel Imam  
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