Paridhi Arya
Published on May 26, 2022 at 16:48 IST
The Bench of Justice Mukta Gupta and Justice Mini Pushkarna passed the order in a case in which Sharjeel Imam seeking bail from a case pending under section 124A of IPC, that Imam has to first apply for bail in Lower Court.
The Imam was arrested in allegedly giving aggravating speeches against Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) and charged with section 124A of IPC, this case was pending in Delhi High Court.
Imam applied for bail in view of the Supreme Court’s direction to keep the pending appeals and proceedings under 124A (Sedition) of IPC in standstill.
Special Public Prosecutor (SPP) submitted in the Court that in 2014 Supreme Court passed a judgment that such bail application should be first presented in the Trial Court and if Trial Court denies granting bail then application of bail would be brought in High Court.
The Court after recording the submission made by SPP granted leave to Advocate Tanvir Ahmed Mir, representing Imam in High Court to approach the Lower Court.
On May 12, the application filed by Imam through Advocate Tanvir Ahmed Mir in wake of Supreme Court’s direction. His charges stands diluted and can secure bail because earlier Lower Court has rejected his bail on the ground that his offence is prima facie under Section 124A of IPC.
“In view of the Hon’ble Supreme Court’s directions, the hindrance raised by the Ld. Special Court in the impugned order stands obviated, and observations surrounding the offence under Section 124-A IPC cannot be taken into consideration in the proceedings against the Appellant pending the final outcome of the Constitutional challenges to the Section,” the application stated.