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Delhi High Court Rejects Bail Plea of Delhi Riots Accused Shahrukh Pathan who was Accused of Firing Shots at Head Constable [READ JUDGMENT]

Delhi High Court Rejects Bail Plea of Delhi Riots Accused Shahrukh Pathan
Shahrukh Pathan, who was said to have opened fire on police officers during the anti-CAA Delhi riots violence in February 2020, had his bail application rejected on (April 15, 2021) by the Delhi High Court. During the anti-CAA violence that shook Delhi, Pathan was seen brandishing a gun and firing it.

The Delhi riots suspect was denied bail on (April 15, 2021) by a single judge bench of Justice Suresh Kait of the Delhi High Court. Pathan Khan is accused of firing shots at a Delhi Police Head Constable in Jaffarabad during the Delhi Riots 2020 violence.

"The video clipping and pictures played before this Court have shaken the conscience of this Court how petitioner could take law and order in his hands," the court said, citing the police video footage as evidence. 

It went on to say that, regardless of whether he intended to kill the complainant or someone else in the crowd with his open-air gunshots, it was "difficult to imagine that he had no idea that his behaviour could hurt anyone present at the scene." 

"It is not the case of the petitioner that he was not involved in the alleged incident," the bench added, referring to the details of the case and Pathan's defence.                     

Pathan was denied interim bail by the Karkardooma Court (Delhi) in November after videos of him firing shots at a police officer during the February 2020 Delhi Riots went viral on social media and the internet. 

"The learned trial court has correctly held that the petitioner is supposed to have engaged in riots, and his image speaks volumes of his participation," Justice Kait said.

The court also stated that the complainant's argument was worthy of being recorded under ‘Section 161 Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') titled Examination of witnesses by police provides for oral examination of a person by any investigating officer when such person is supposed to be acquainted with the facts and circumstances of the case. 

Pathan's argument that he "had not pointed the gun at the defendant" would be put to the test at trial. Pathan's temporary bail request has previously been denied by Additional Sessions, Judge Amitabh Rawat. Last year in 2020, Pathan was found brandishing a gun with the intention of shooting it and aiming it at police officer Head Constable Deepak Dahiya, who was assigned to law-and-order duties near Jaffarabad Metro Station on that day.

The instant case against Pathan was registered under ‘section 147 IPC’- Punishment for rioting that is whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Imprisonment for 2 years, or fine, or both, ‘section 148 IPC’ - Rioting, armed with a deadly weapon, ‘section 149 IPC’ - Every member of unlawful assembly guilty of offence committed in the prosecution of a common object, ‘Sections 216, 307, 353 & 34 of the Indian Penal Code (IPC) also read with Section 25 & 27 Arms Act were applied’. 

After the said incident near Jaffarabad Metro Station, he had absconded, however, he was arrested by the team of Delhi Police Crime Branch on Mar 3, 2020, from the Shamli Bus Stand, Uttar Pradesh based on secret information.

[Shahrukh Pathan alias Khan v The State of NCT of Delhi (Bail App 664/2021)]

[READ JUDGMENT]


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