Delhi Riots: Court Denies Bail To Shahrukh Pathan Who Pointed Gun At Cop

A Delhi Court yesterday denied bail to Shahrukh Pathan, the man who pointed a gun at a policeman during the 2020 North-East Delhiriots.Additional Sessions Judge Sameer Bajpai of Karkardooma Courts said that Pathan was denied bail by the High Court in October last year in the case and the circumstances have not changed. “Accordingly, this Court is of the view that when the Hon'ble High Court has declined bail to the applicant/accused vide order dated 22.10.2024 and the circumstances have not changed, except the fact that almost one and a half years have passed, this Court should not grant bail to him even now,” the Court said. The judge dismissed the regular bail plea moved by Pathan in FIR 51 of 2020 registered at Jafrabad Police Station.The case relates to an incident wherein he was captured pointing a gun towards a policeman during the riots. The pictures had gone viral on the social media.Pathan argued that he has been in judicial custody since March 2020 and has already undergone more than half of the maximum sentence prescribed for the offence under Section 307 of IPC, which may extend to ten years. On this basis, bail was sought by invoking the principle contained in Section 436A of CrPC, contending that the more beneficial provision should be applied even after the coming into force of BNSS. The prosecution opposed the plea pointing out that this was the 11th bail application and that earlier pleas had been dismissed by both the trial court and the Delhi High Court. It was argued that under Section 479(2) of BNSS, the benefit of release after undergoing half of the maximum sentence cannot be granted if the accused is facing trial in another case, which applied to Pathan who is also an accused in another riots FIR. Dismissing the bail plea, the Court held that after the coming into force of BNSS, the bail request must be examined under Section 479 of BNSS, which corresponds to Section 436A of CrPC, and that the benefit of the repealed provision cannot be claimed retrospectively.The judge noted that although Pathan has spent more than half of the maximum sentence in custody, but he is facing trial in another case arising out of the Delhi riots and therefore, he was not eligible for bail under Section 479 of BNSS. The Court further observed that the Delhi High Court had rejected Pathan's bail twice earlier and there was no substantial change in circumstances since the last rejection in October 2024.It also recorded that delay in trial could not be attributed solely to the prosecution and that on several occasions proceedings were delayed due to the conduct of Pathan. Click here to read order

Delhi Riots: Court Denies Bail To Shahrukh Pathan Who Pointed Gun At Cop

Nupur Thapliyal

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