A default bail by the magistrate court has been granted to Amulya Leona after the police failed to file the chargesheet within the stipulated 90 day period. The student was arrested in February on sedition charges for allegedly raising pro-Pakistan slogans at an anti-CAA protest site.
After being behind bars for over three months, the college student Amulya Leona is likely to be released.
“The 90 days period for filing the chargesheet lapsed on May 20. We had soon after moved the court seeking default bail under section 167(2) of CrPC. However, since the trial courts were closed due to the lockdown the matter was not taken up. On June 2, we again preferred the application and an order was passed on June 10, the same day when Amulya’s regular bail application came to be rejected by the sessions court,” said Advocate BT Venkatesh and Advocate R Prasanna representing the accused.
On the court website, the order of the magistrate is to be updated.
“The I.O. has not completed the investigation and has not filed the charge sheet. If the petitioner is released on bail, she may abscond or she may involve in similar offence which affect the peace at large.”observed The Sessions Court, rejecting her application for regular bail.
On behalf of the applicant’s argument that mere sloganeering by itself cannot be an offence, Additional Session Judge Vidyadhar Shirahatti, observed:
“It is my opinion that there are no materials to show that Pakistan is or not an enemy country. But the slogans which are alleged to have been used by the petitioner will certainly affect the feelings of public, law order and public peace.”
Under section 124-A, 153 (A), 153-B, 505 (2) of Indian Penal Code, Amulya was arrested on February 20. She was sent to judicial custody and had been since then in prison, after being in police custody for five days.
