Delhi Riots: Court Grants Bail To Shahrukh Pathan Citing Prolonged Custody But To Remain In Jail For Pointing Gun At Cop

Additional Sessions Judge Amitabh Rawat of Karkardooma Courts noted that Pathan has been in judicial custody in the case since April 03, 2020, that the injured individual has been examined, relevant remaining witnesses are all police officials and all other co-accused persons were out on bail.

However, Pathan will still remain in jail as he is in judicial custody in another riots case involving charges for pointing gun at a cop.

“The court is conscious of the fact that the conduct of the accused in this case before he was arrested and even during trial, during judicial custody has been atrocious. However, it remains a fact that he has been judicial custody since 03.04.2020,” the court said.

It added: “The court is also conscious of the fact that accused Shahrukh Pathan is also involved in another riot case FIR No.51/2020 PS-Jafrabad where he is stated to have made an attack on the life of the police official, however, said case will be dealt with on its own facts.”

Pathan was denied bail by the judge in December 2021 observing that the CCTV footage of a nearby camera installed at the relevant location showed his presence in the riotous mob.

'CCTV Footage, Call Detail Records Show His Presence' : Court Denies Bail To Shahrukh Pathan In A Delhi Riots Case

He had then moved the Delhi High Court last year seeking regular bail. However, on July 24, the bail plea was withdrawn with a liberty to move the trial court for filing a fresh plea seeking regular bail on account of change in circumstances as certain important prosecution witnesses had been examined.

The Court had in December 2021 framed charges against Pathan in the said FIR under Sections 147 (rioting), 148 (rioting armed with weapon), 149 (unlawful assembly), 186 (obstructing public servant in discharge of public functions), 188 (disobedience to order duly promulgated by public servant), 153A (promoting enmity between different groups on grounds of religion, etc.), 283 (danger or obstruction in public way or line of navigation), 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (Voluntarily causing hurt to deter public servant from his duty), 323 (voluntarily causing hurt) and 307 (attempt to murder) of Indian Penal Code.

The FIR was registered under Sections 147, 148, 149, 186, 188, 153A, 283, 353, 332, 323, 307, 505, 120B and 34 of IPC along with section 27 of the Arms Act.

The injured person Rohit Shukla had given a statement that on February 24 last year, there were two groups of people, one of which was shouting "Allah­hu­Akbar" and protesting against CAA and NRC. He also stated that the unlawful assembly turned violent and started throwing stones and one person held a pistol shot at him.

He also gave a statement that at another location, out of a violent crowd, a boy aged 24­ to 25 years came out with pistol and tried to kill him. According to the statement, it was alleged that the boy fired at the witness who had then received injuries.