The Karkardooma Delhi Court on Thursday, 4 February, has refused to grant bail to Shahrukh Pathan for pointing a gun at Delhi Police Head Constable Deepak Dahiya during the communal violence rocked parts of northeast Delhi.
Additional Sessions Judge Amitabh Rawat dismissed the bail application under Section 439 of CrPC and observed, “What is material is the gravity of the offence and the allegations against the accused which are quite grave.”
The order noted, “And added to it is the conduct of the accused showing that he does not satisfy the triple test for grant of bail,” according to LiveLaw.
On 24 February, a man, who was captured on video, purportedly brandishing and firing a gun during the clashes that consumed different parts of northeast Delhi, was identified as Shahrukh and arrested by the the Delhi Police.
The charge sheet which ran into more than 350 pages was filed against the accused in the Karkardooma Court, charging him under Sections 147, 148, 149, 216, 186, 307, 353 & 34 IPC read with Section 25 & 27 Arms Act, noted LiveLaw.
The weapon of offence, a 7.65 mm pistol and 2 live rounds, were recovered from Shahrukh.
What the Court Said?
“The accused is alleged to have participated in the riots and has been duly identified. His picture speaks volumes about the involvement and the conduct of the accused on the said day.”Judge Amitabh Rawat, Delhi Court
The Court Additional Sessions Judge noted that the conduct of the accused is relevant in the case and Pathan had absconded and was nabbed from Shamli, Uttar Pradesh.
"Going by the conduct of the accused and the manner in which he absconded and was arrested later on, suggests that he is a flight risk,” quoted Live Law.
The Delhi violence of 23-26 February claimed the lives of at least 53 people, injured 581 people, out of which 97 had gunshot wounds. The police has so far registered 751 FIRs in respective police stations.
What the Defense Argued
Pathan’s advocate, Khalid Akhtar submitted before the court that his client was arrested on 3 March 2020, and has been “languishing behind bars for the past 10 months despite the non-commencement of trial” due to COVID-19 situation.
Akhtar submitted further that Pathan has been “falsely implicated” in a “biased investigation”, and is innocent. The lawyer stated that Pathan has been made the poster boy by the prosecution.
Akhtar also submitted that since the inspector, Deepak Dahiya, was never shot, one cannot invoke Section 307 of the IPC.
Akhtar asked the court to consider the gravity of the offence, nature of evidence, the likelihood of the accused committing further offences, previous criminal antecedents, and the likelihood of accused absconding or evading process of law while considering the bail application, reported LiveLaw.
(With inputs from LiveLaw.)
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)