Umar Khalid, Sharjeel Imam  
Litigation News

Sharjeel Imam, Umar Khalid seek bail based on latest Supreme Court verdict questioning denial of bail to them

Additional sessions judge Sameer Bajpai said that the order will be passed by this evening or on Monday (July 6).

Prashant Jha

A Delhi court on Saturday reserved its verdict on the bail pleas filed by Sharjeel Imam and Umar Khalid in the Delhi riots conspiracy case.

Additional Sessions Judge (ASJ) Sameer Bajpai said that the order will be passed by this evening or on Monday (July 6).

Imam and Khalid moved the sessions court for bail after a Supreme Court bench questioned the denial of bail to the duo by another bench of apex court.

Their application highlighted that despite the passage of more than 6 months since the Supreme Court’s judgment denying them bail, there has been no meaningful progress in the trial proceedings, with arguments on charge still remaining incomplete.

They argued that they have been in jail for nearly 6 years in the case.

Senior Advocate Trideep Pais appeared for Umar Khalid and argued that after the Supreme Court's verdict in the Andrabi case (where the rationale for denying bail to Khalid and Imam were questioned), Khalid is entitled to bail.

Pais added that the court's embargo that Khalid and Imam cannot apply for fresh bail for a year or till the time witnesses are examined also doesn't apply.

Advocate Talib Mustafa appeared for Sharjeel Imam and argued that whether such an embargo about not filing for bail for a year can be imposed is also to be considered by a larger bench of the Supreme Court.

He added that some other accused in the case have got the benefit of the reference of the matter to a larger bench.

The counsel appearing for the Delhi Police stated that till the time clarity is given by a larger bench, the findings or the directions or the embargo by the Supreme Court remains binding.

"If they are aggrieved, if they have any issue, they could have very well approached the SC and sought clarifications. The appropriate forum was Hon’ble Supreme Court. Once the SC passed the judgement this court cannot...," the counsel added.

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