Live Law

2025-12-02 07:39:28.0

  • Sibal begins.

    Sr Adv Siddhartha Luthra says he will put a note for Shadab Ahmed.

    Sibal: let's assume this is my application for bail. I have been inside for 5 yrs, 3 months- 13 Sep, 2020 till date.

    Its not even prosecution case that i participated in any activity in delhi. I am involved in 59 on ground of over-all conspiracy and alleged to have given speech in Maharashtra on 17 Feb and that's all attributed. Amravathi speech. That's the only act attributed and other is that I was made a part of a whatsapp group added by someone else- there is no message and if there is, all innocent. What will happen if my bail is rejected? I will be inside for another 3 yrs, total 8 years without trial. ASG says 2 years and SG says 6 months trial will be completed- I don't know.

    I am an academician, scholar and have been inside without a trial- that is not the exposition of law.

    2-3 specific arguments against me- I have been barred for moving bail application and second, question of parity does not arise and three, I delayed the trial.

    i am only dealing with ASG's arguments- the reason why i am attributed delay is the counsel arguing bail sought adjournments 4 times and that's the only.

    J Kumar: ASG relied on judgment contending that delay is attributed if even co-accused contributes to the delay.

    Sibal: he relied on Tasleem Ahmed, but I am not a party to the matter. Other co-accused has also sought adjournments- all this is during course of arguments on bail and I am talking about delay in 'trial'.

    J Kumar: his case was the trial would commence after framing of charge but it could not be framed because accused including you sought delay. you can counter this.

    Sibal: in the high court, they don't raise the issue of delay. it is the first time they are arguing on this. there was a stay on trial for 334 days due to documents not given and 9.6.23 the prosecution filed the latest chargesheet and they kept saying the investigation is continuing.

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