[Delhi Riots] Shahrukh Pathan, Who Pointed Gun At Cop During The Riots Denied Interim Bail By Delhi Court [Read Order]

Case against Pathan

The instant case (FIR No. 51/20 PS¬ Jafrabad) against Pathan was registered under Section 147, 148, 149, 216, 186, 307, 353 & 34 IPC read with Section 25 & 27 Arms Act.

The Car used for escaping from Delhi after committing the crime was recovered from Uttar Pradesh at his instance. One Kaleem, who had given shelter to the applicant after his escape from Delhi, initially absconded but he too was later on arrested.

The illegal weapon along with two live cartridges and the shirt worn by him at the time of the incident was also recovered at his instance from his home on 05.03.2020 during police custody remand.

Arguments put forth by Pathan

It was argued in his bail application that the people present at the place of incident were exercising their fundamental rights and criticizing the government against the Citizenship Amendment Act and accused was initially trying to pacify the matter and when attacked with heavy stones, thereafter, he rushed to seek a shelter.

However, it was contended that after getting no place to hide, he shot fire in self-defence by an armed weapon which was given by some unknown person from the public. There was no intention of the applicant to harm anybody.

It was further submitted that the father of the applicant is a chronic patient of arthritis since 2018 and had undergone left knee surgery in 2019.

It was argued that the applicant has only four members in the family consisting of his old and ill father, mother and another brother who resides separately and has nothing to do with the family.

It was also submitted that the mother of the applicant has fallen from the stairs while staying in the house of her sister at Bareilly, UP and she got operated.

It was, therefore, prayed that interim bail may be granted to the applicant for taking care of the mother for operation and post-operation care, on such terms and conditions as the court deems it fit.

Court's order

The Court noted in its Order that,

"The accused has been alleged to have participated in the riots and has been duly identified. His picture, as recorded by the brave journalist Sh. Saurabh Trivedi, Sr. Reporter, The HINDU speaks volumes about the involvement and the conduct of the accused on the said day."

Thus, the Court observed that "the gravity in the present case is sufficient to deny any benefit of interim bail to the accused".

The Court also took into account the conduct of the accused as after the incident of 24.02.2020, he had absconded.

The Court observed,

"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."

The Court noted that the applicant had moved the regular bail application, which was dismissed. The Court also noted that even the interim bail application moved on the ground of the medical condition of his father and surgery was also disposed of as withdrawn by the Hon'ble High Court of Delhi.

The Court also observed that there was no emergency for the surgery of the right knee of applicant's father Baldev Singh @ Sabir Ali.

Importantly, in an earlier interim bail application, which was moved by him before the Hon'ble High Court of Delhi, some new medical paper of his father was filed.

He was shown to be under treatment from K.S. Nursing Home, Greater Noida, U.P for knee replacement with a tentative date of surgery for 16.06.2020.

The Court further noted,

"The said Nursing Home when visited was found to be managed by Dr G.K. Nayyar. It is quite strange that Dr G.K. Nayyar was later on arrested in FIR No. 85/2020 under Section 420/467/468/474 IPC & 120B IPC for issuing fake medical documents to different other accused persons in other cases."

However, the medical documents of the Pathan's mother of the applicants were verified and found to be correct, but the Court noted that his father and the relatives can take care of the mother.

In view of the above discussion, the Court was not inclined to grant the relief prayed for. Accordingly, the interim bail application under Section 439 Cr.P.C of accused Shahrukh Pathan @ Khan stood dismissed.