Sharjeel Imam has moved the lower court for bail in a sedition case. His counsel had withdrawn the bail application from the Delhi High Court after the prosecution had raised the issue of maintainability.
The High court had asked him to approach the lower court for bail.
Special judge Amitabh Rawat of Karkardooma Court dealing with the case will hear the application on Monday. The bail application has been moved by Talib Hussain, Ahmed Ibrahim and Kartik Venu.
The application says in the view of recent direction of the Supreme Court Sharjeel Imam should be granted bail.
The Supreme court had directed to keep all pending appeals and proceedings with the respect to the charge framed under section 124A (sedition) of the Indian Penal Code in abeyance.
An application for bail in a sedition case registered against Sharjeel Imam for alleged speeches against the CAA and NRC was earlier moved in the Delhi High Court.
The bench of Justice Mukta Gupta and Justice Mini Pushkarna had granted the liberty to the accused after recording the passed the objection of Special Public Prosecutor (SPP) Amit Prasad.
SPP had submitted that in terms of the order of the Supreme Court of 2014 any such bail application would first go to the trial court and only if the relief is not granted, can the accused move to the High Court as the case is triable by a Special Court only.
The bail application had stated that his bail application was dismissed by the trial court because it found that a prima facie offence under section 124A was made out against him.
It was stated in the application that in view of the Supreme Court's direction, the hindrance raised by the Special Court in the impugned order stands obviated, and observations surrounding the offence under section 124A IPC cannot be taken into consideration in the proceedings against the appellant pending the final outcome of the Constitutional challenges to the section.
( With inputs from ANI )
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