Tuesday, March, 11,2025

Court again reserves order on Sharjeel's plea, grants time to Delhi police for clarification

New Delhi: Delhi's Karkardooma Court on Saturday again reserved order on the bail plea of Sharjeel Imam. The court also granted time to Delhi Police to file clarification of MHA guidelines in connection to the release of accused on bail in the Unlawful Activities (Prevention) Act (UAPA) along with other offences.
Additional Sessions Judge (ASJ) Amitabh Rawat on Saturday reserved the order for December 21. Also asked the Police to file clarification.
Special public prosecutor Amit Prasad submitted that there is some ambiguity on the provision mentioned by the defence counsel on the point that whether the accused under UAPA with multiple offences and undergone half of the sentence under UAPA, is entitled to be released on bail under section 436A CrPC.
He also submitted that the clarification will take two weeks.
Advocate Talib Mustafa opposed the submissions made by the SPP for Delhi Police.
He argued that what the SPP is submitting is related to post-conviction cases. Whereas Sharjeel is un undertrial. The submissions don't apply to him.
He also argued that the bail order is reserved for the last two months. I am not going to wait anymore.
Earlier on September 11, 2023, the court reserved its order on the plea of Sharjeel Imam seeking statutory bail on the grounds of the period already undergone in the Sedition case. He has been in custody since January 28, 2020.
It had been argued by his counsel that Sharjeel Imam had already undergone more than three and a half years. This is more than one-half of the maximum sentence in this case.
Sharjeel Imam's counsel advocate Talib Mustafa, had argued that the accused has undergone half of the maximum sentence, therefore he is entitled to statutory bail under section 436 A CrPC.
"He has undergone the maximum sentence even without a trial. Under section 13 UAPA has maximum sentence of seven years. He has undergone three and half years," the counsel argued.
On the other hand, Delhi police said that there there are multiple offences, not only one offence. Section 436 A Crpc talks about only 'an offence'.
Special Public Prosecutor (SPP) Amit Prasad submitted that a concurrent sentence is an exception whereas a consecutive sentence is a rule. In this way, the maximum sentence he can be awarded is 16 years, the punishment to which is restricted to 14 years.
The SPP also argued that while granting bail the seriousness of the offences also to be considered.
Opposing the submission, counsel for Sharjeel argued that there is an infirmity in the submission of the SPP.
SPP has presumed that I would be convicted. It is contradictory to the principle of innocence, the counsel argued.
What the SPP is arguing is post-conviction, I am under trial not a convict, the counsel submitted. "I have undergone more than the maximum sentence without conducting a trial for most of the offences. Only section 13 of UAPA remains against me which has the maximum sentence of seven years," the counsel argued.
Advocate for Sharjeel argued that What is SPP is arguing that If I have been convicted and the court is to pass an order on sentence. There is a presumption of innocence of the accused until proven guilty.
The benefit of section 436 A is for under-trial prisoners and not for convicted. The punishment I have already undergone, can be cumulative once again?, the counsel questioned.
The court asked the gravity is one of the criteria, or the CrPC while granting bail.
It is said that the proceedings related to the offence of Sedition are stayed and the maximum punishment in offences under UAPA is seven years.
He is in custody since January 2020 that's half of the maximum punishment for the offence under UAPA.
It is contended that the applicant has been in custody since 28.01.2020 in this case and has completed a period of 3 years and more than 6 months under incarceration and has undergone incarceration extending up to one-half of the maximum period of imprisonment specified for the concerned offence by law.
Advocate Ahmad Ibrahim and Talib Mustafa have moved an application on behalf of Sharjeel Imam seeking his immediate release in the present criminal prosecution in terms of the statutory provisions contained in Section 436A of Cr.P.C.
The counsel submitted that the applicant is in custody since January 28, 2020, in connection with the FIR of January 25, 2020, P.S. Crime Branch, registered for the offences punishable U/s 124A, 153A, 153B and 505(2) IPC and Section 13 of the Unlawful Activities (Prevention) Act, 1967.
It is stated that the applicant was arrested from his hometown of Jehanabad, Bihar, on 28.01.2020 and was produced before the Patiala House Court. Since then, he is in judicial custody after police interrogation.
It is further submitted that the investigation in the matter stands concluded and final report or charge sheet against the applicant has been filed in this case on 25.07.2020 for the offences punishable under sections 124A, 153A, 153B, 505 of IPC and Section 13 of UAPA.
The Court took cognizance of the speeches and offences under section 124A, 153A, 1538 and 505 IPC on 29.07.2020 and Section 13 of the UAPA, on December 19, 2020, the plea stated.
Thereafter, charges were formally framed against the applicant on March 15, 2022, by the Court under sections 124A, 153A, 153B and 505 IPC.
The Court had passed the direction effectively staying the operation of Section 124A IPC and all proceedings emanating therefrom, it added.
The High Court of Delhi, on October 31, 2022, directed that the trial be stayed in respect of material witnesses and only formal witnesses be examined.
It is argued that Section 436A of Cr.PC. is a wholesome beneficial substantive provision substantive one which is for effectuating the right of speedy trial guaranteed by Article 21 of the Constitution.
It is also said that after the stay of trial in the present case by the High Court in regard to the main offence of Section 124A IPC (Sedition) in light of the directions passed by the Supreme Court in S.G Vombatkere v. Union of India on May 11, 2022, the only offences remaining against the applicant relate to offence punishable U/s 153A IPC (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony) which is punishable with imprisonment which may extend to five years, 153B IPC (Imputations, assertions prejudicial to national-integration) which is punishable with imprisonment which may extend to five years, 505 IPC (Statements conducing to public mischief) which is punishable with imprisonment which may extend to five years and 13 of UAPA (Punishment for unlawful activities) which is punishable with imprisonment which may extend to seven years.
It is also contended that even as per the maximum punishment extending up to 7 years prescribed under Section 13 UAPA, the applicant has completed one-half of the maximum period of imprisonment specified for the concerned offence by law and hence, deserves grant of statutory bail under Section 436A of criminal procedure code.

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Daily Astro

11-03-2025

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Aries

Ganesha says it will be an important day for you, Aries. Your energy and confidence are ready to take you to new heights. Today you will be able to express your thoughts with clarity, which will increase your communication skills. New opportunities may arise in the working areas, which you have to be ready to take advantage of. In social life, you can make new meetings, which will prove beneficial for you in the future. This day will be good for solving family issues, and you will be able to establish better relations with your close ones. In the field of health, take care of your routine and resort to yoga or meditation to relieve mental stress. Controlling your expenses will be a smart move, as any sudden financial need may arise. Overall, this day is for you to stay positive, just use your insight and energy properly.

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Pisces

Ganesha says it is going to be a positive day for you. Your sensitivity and intuition will flourish today, allowing you to establish better connections between yourself and others. It is time to connect with someone or refresh old memories. Try to communicate with people close to you, as it will strengthen your relationships. In the field of work, your creativity will be cyclical today. If you are working on a project, your ideas will be new and full of innovation. Do not be afraid to share your ideas, it will give you positive feedback from your colleagues. In terms of financial condition, avoid any big investments. Small expenses will prove to be justified but think well before making any big decisions for the long term. In terms of health, focus on a balanced diet and regular exercise. For mental health, practicing meditation or yoga will help keep you stress-free.

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Aquarius

Ganesha says new opportunities are likely to open up for you. You will be in a position to take your creative abilities to new heights. This is the time to share your ideas and make new plans. Your friends and family will support your ideas, so it will be beneficial to take their advice into account. Positive changes are possible in business. This is the right time to work on an important project. You will get an opportunity to use your skills and knowledge properly. But, be careful; in some cases, you will need to control your emotions. In personal life, relationships will deepen. You will try to spend more time with your loved ones. This is a good time for love and companionship. Enjoy emotional moments that will make your relationships stronger. Be health conscious. Dedication to yoga and meditation will give you mental peace. These activities will keep not only your body but also your mind active. Overall, today will be full of possibilities for you. Stay committed to your dreams and work on them.

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Capricorn

Ganesha says your day is full of some new possibilities. You will experience grace and stability in your actions. This is the time to focus on your goals and work with determination to pursue your plans. You are likely to get success in your work, especially if you maintain your hard work and dedication. Positive changes can also be seen in your relationships. You will get a chance to spend time with family and listen to them, which will increase mutual understanding and depth. Focus on communication, as it will make your relationships stronger. However, it is also time to make monthly plans. Take care of your financial matters and try to save. This is the time when you can take concrete steps for your future. Your health condition is likely to remain normal but take some rest. Maintaining a mental balance will be important for you. Stay positive and keep faith in your actions!

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Sagittarius

Ganesha says today will be full of new possibilities and positive energy for you. You will feel a rise in your confidence, which will keep you open to new opportunities. This is the right time to make an important decision. Your spirituality and intuition will be strong, which will enable you to understand and face difficulties. Spending time with friends and family will awaken a sense of happiness and satisfaction in your mind. Relationships with colleagues at work can take a new direction. Cooperation and communication will help solve problems. If you face an obstacle or challenge, remember that you can overcome it. In terms of health, you may need to make a little improvement in your routine. Regular exercise and a balanced diet will give you freshness and energy. Strengthening social relationships and contacting new people will also be beneficial today. This is the time for self-growth and positive change for you, so recognize the energy within you and use it properly.

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Scorpio

Ganesha says today will be full of enthusiasm and energy. You will move towards achieving your goals, and your hard work will pay off. Social life will also be active; you will get a good chance to spend time with friends and family. In terms of health, take a little caution. Focusing on meditation and exercise will help reduce mental stress. This is also a good time to take up a new hobby, which can unleash your creativity. Take wise steps in terms of money. Make informed decisions while investing. For potential financial gains, take a look at past projects again. Your career is showing good signs of progress. Your ideas may be appreciated at the workplace, which will increase your confidence. Still, some issues may require restraint. Overall, today will prove to be positive and auspicious for you. Spend it with pride with your loved ones.

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Libra

Ganesha says today will be a very auspicious and positive day. You will get a chance to clarify your thoughts, which will bring stability to your personal and professional relationships. Your communication skills will increase, and this will open the doors of new possibilities for you. Your creativity and aesthetic sense will be especially strong today. If you are associated with any art or design, your work will be appreciated. This is the right time to express your feelings. If you are confused about a decision, trust your intuition; it will show you the right path. In terms of health, small changes can make your life better. Focus on regular exercise and a balanced diet. In love and relationships, a new understanding will develop, which will strengthen the mutual bond even more. Overall, this day is a sign of positive changes and new beginnings for you. Stay focused on your goals and recognize your inner strengths.

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Virgo

Ganesha says today is a suitable day to highlight your cognitive abilities and business skills. Today, you will be full of clarity and precision in your actions, which will increase your value among your colleagues and superiors. There is a possibility of bringing some changes to your routine, which will bring positive results for you. This is a good time to improve relations with family members. Try to resolve any old disputes, and keep communication open. In terms of health, meditation and yoga will bring mental peace. Also, take some time out of your routine for exercise. From a financial point of view, this is the right time to make a good plan for the right investment. Take a good look at the options available to you and make a wise decision. Overall, today will prove to be a day of new possibilities and positive changes for you. Be full of confidence and stay focused on your goals.

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Leo

Ganesha says today will be a day full of energy and inspiration. Your confidence will increase and your thoughts will come out with clarity. On this day, you will be able to see some new possibilities in your career, which will bring you hard work. Mutual understanding and harmony will increase your relationship, which will create a happy atmosphere among the family. This is a great time to express your thoughts clearly, so do not hesitate to communicate with your partner or friends. It is important to be health conscious, a little exercise and meditation will maintain your mental and physical health. Overall, this day will bring activity and positivity for you, so make the most of all the opportunities!

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Cancer

Ganesha says it will be a day of information and communication for you. Your mind will be full of ideas and you will be able to express your ideas well. There is a possibility of some new opportunities in professional life, which can prove beneficial for you. It is a good time to strengthen relationships with your colleagues, so work together at the workplace. Your emotional state will also be strong. Time spent with family will give you satisfaction. If you have any old problem going on, then the right time is coming to solve it. However, you need to keep your emotions under control, so that you do not get agitated over small things. In terms of health, try to practice yoga and meditation. It will empower you both mentally and physically. Take informed decisions in financial matters; do not rush into any investments. In summary, this day will be all about communication and cooperation, which will lead to positive changes for you.

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Gemini

Ganesha says there will be a new energy and freshness in your thoughts, which will make your personality even more attractive. Social contacts are likely to increase, which will expand your network. You will be inspired to spend blissful time with your friends and family. Some positive changes can also be seen in the business sector. The results of your hard work will gradually start coming, and this will motivate you to move forward. Keep in mind that while sharing your ideology, work with empathy, this will strengthen your relationship with colleagues. It is important to be health conscious. A little attention and relaxation will give you mental freshness. Practicing yoga or meditation will be beneficial for you. This day will be full of positivity and new possibilities for you. Express your mind openly and do not hesitate to adopt new ideas.

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Taurus

Ganesha says it will prove to be a positive day for you, Taurus. You will feel energetic and full of confidence. The time has come to reap the fruits of your hard work and efforts. The workload may stress you for a while, but you will face all the challenges recognizing your strengths. Sweetness will also remain in your relationships. Spending time with your family and friends will be a source of joy for you. Conversation with someone special can give you a new vision and promote mutual understanding. A special occasion may be organized among friends or family, which will bring happiness and harmony to you. Moments spent with loved ones will give you mental peace. It is important to be health conscious. A little exercise or yoga will give peace to your mind and energy to your body. Your day will be full of happiness and positivity, just keep your thoughts and emotions balanced.

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11-03-2025