Sharjeel Imam, an accused in the Delhi riots case, withdrew his interim bail plea on Tuesday from the Karkardooma Court in order to file his nomination.
He had filed the plea seeking 14 days’ interim bail to contest the Bihar Assembly elections as an independent candidate from the Bahadurganj constituency.
Advocate Ahmed Ibrahim appeared before Additional Sessions Judge (ASJ) Sameer Bajpai and requested to withdraw the application.
During the hearing, the court instructed him to submit the application to the filing section. While making the request, the counsel submitted that he wished to withdraw the plea as Sharjeel’s bail application is pending before the Supreme Court.
The application had been filed under Section 439 of the Code of Criminal Procedure, 1973, read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking interim bail for a period of 14 days from October 15 to October 29.
The Election Commission officially announced that Bihar will vote in two phases, on November 6 and 11. The counting of votes will take place on 14 November. Polling for the Bahadurganj constituency is scheduled for November 11.
The Bahadurganj seat is currently represented by Mohammad Anzar Nayeemi, who was elected on an AIMIM ticket in 2020 but later joined the Rashtriya Janata Dal (RJD).
Also Read : Sharjeel Imam seeks bail to contest Bihar Assembly polls
The application states that Imam has remained in continuous judicial custody for over five years and has never been released on bail, even temporarily. It adds that he has no criminal antecedents and does not pose a threat to society. Imam, who was pursuing a PhD at Jawaharlal Nehru University (JNU) at the time of his arrest, is a resident of Kako, Jehanabad (Bihar).
The plea stated that Imam requires temporary release to personally file his nomination papers and make arrangements for his campaign, as his younger brother, who is caring for their ailing mother, is the only family member available to assist him.
Citing precedents, the application referred to Supreme Court orders granting interim bail to political leaders, such as Delhi Chief Minister Arvind Kejriwal, to campaign for elections, as well as decisions of the Punjab and Haryana High Court and the Bombay High Court allowing similar relief to other candidates.
The plea contended that denying such bail would amount to depriving Imam of his democratic right to contest elections. It prayed for interim bail for two weeks, asserting that the request is “bona fide and in the interest of justice.”
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