
New Delhi, May 18 (H.S.): The Supreme Court of India has raised questions over its own earlier decision refusing bail to Umar Khalid and Sharjeel Imam in connection with the Delhi riots case. The Court observed that “bail is the rule and jail is the exception,” and stated that this principle is applicable even in cases registered under the Unlawful Activities (Prevention) Act (UAPA).
A bench comprising Justice B. V. Nagarathna and Justice Ujjal Bhuyan questioned the January 2026 judgment delivered by another Supreme Court bench that had denied bail to Umar Khalid and Sharjeel Imam.
The earlier bench, comprising Justice Aravind Kumar and Justice N. V. Anjaria, had refused to grant bail to the two accused.
While granting bail to Syed Iftekhar Andrabi, the bench headed by Justice B. V. Nagarathna disagreed with the interpretation of the precedent from the Najeeb case that had earlier been relied upon to reject the bail pleas of Umar Khalid and Sharjeel Imam.
The bench observed that prolonged incarceration can itself be a valid ground for granting bail, even in cases registered under the UAPA.
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Hindusthan Samachar / Jun Sarkar