The Delhi High Court granted bail to Sharjeel Imam in the case involving charges of sedition and UAPA violations.

Key Highlights On Section 436-A of CrPC

• Arrest and Charges: Sharjeel Imam was charged with sedition and unlawful activity under the Unlawful Activities Prevention Act (UAPA) for an allegedly inflammatory speech.
• Reason for Bail Grant: Sharjeel Imam received bail due to Section 436-A of CrPC. 
  • Judges’ Limited Discretion: Due to Section 436-A, the judges had minimal choice and were obligated to grant bail.

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Bail Under Section 436-A of CrPC

• Statutory Grounds for Bail
  • Section 436-A of CrPC: This provision mandates bail for undertrials who have spent more than half of the maximum sentence for their offense in jail.
    • There is an exception to this provision when crime is punishable by death. 
    • Introduced in 2005, it aims to address overcrowding in prisons and expedite trials for lesser offenses.

Impact of Section 436-A of CrPC

• Undertrial Relief: This provision is particularly beneficial for undertrials charged with offences carrying shorter sentences. 
  • For instance, National Crime Records Bureau data for 2022 indicated there were 63,502 undertrials charged with offences carrying sentences of less than two years.

Other Protections for Undertrials

• Bailable Offences:
  • Section 436 of CrPC: Courts must grant bail for all bailable offences. An accused willing to furnish a bail bond is entitled to bail in such cases.
• Non-Bailable Offences:
  • Court Discretion: For non-bailable offences , it is up to the court’s discretion to grant bail.
• Default Bail:
  • Section 167(2) of CrPC:
    • Investigation Timelines: Police have 60 days to complete the investigation and file a final report for most offences. 
      • For offences punishable by death, life imprisonment, or a jail term of not less than 10 years, this period extends to 90 days.
    • Default Bail Granting: If the police cannot finish the investigation and file a chargesheet within these periods, default bail is granted. This is applicable only to IPC crimes.
    • Special Legislations: Stringent laws like the UAPA have relaxed timelines for police investigations, making default bail less applicable.

Why Sharjeel Imam Remains in Jail Despite Bail

There are Multiple Cases against Sharjeel Imam 

• North East Delhi Riots: Imam remains in custody due to a separate case involving the 2020 North East Delhi riots. This case is ongoing.
• Pending Charges in Other States: There are pending charges against Imam in Assam, Manipur, Arunachal Pradesh, and Uttar Pradesh. 
  • While he isn’t currently in custody for these cases, they prevent his release.

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