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The Delhi High Court today continued hearing a batch of pleas seeking bail in the Delhi Riots Case.

ASG  S.V. Raju referring  to Sanjay Chandra Judgement submitted that  'to determine the punishment, the severity of the offence should be examined." He further submitted "Punishment is a relevant factor bearing importance as to the tripod test to assess the gravity of the offence."

ASG Raju further argued over application of Section 149, IPC in the matter said  that "even then the gist is that the armed accused attacked the police. The use of Lathi, danda should not be ignored, the assembly was not gathered just to protest. he test of impossibility needs to be implied in the matter."

ASG Raju submitted that the accused were armed and mercilessly assaulted the police. “Perhaps the video shows that there were women and children in front to stop the police to take action. The incident was meticulously planned,” submitted ASG Raju

The court however on perusal of the video said that that the accused could not be seen in the protest where ladies and children were  placed. The accused in the case were not a part of the protest or the march that was taking place. They were ahead of that.

The Court said “Mr. ASG if one looks carefully the video, the ladies and the children were not the part of the assembly when the stone pelting took place. The stone pelting took place away from the place where the protest was held.”

On the Court’s enquiry as to whether there was any video footage which showed any person carrying gun since the incident was related to firing of bullets, ASG Raju submitted that perhaps the camera was not focused on the person who held the gun.

ASG Raju further pleaded that if the accused are released on bail they may cause harm to the society. To this court said that “a six months is not a long time.” The court also mentioned that one of the accused is a tailor by profession.

ASG Raju replied “My Lord, can't a tailor be a terrorist?”

The Court has directed  that the videos and map be supplied to other parties and to the court.

The Court will continue hearing the matter tomorrow.

Also Read: In case of offence where sentence is for life, bail is not to be granted," ASG Raju argues before Delhi HC opposing bail of 11 accused in Delhi Riots Case(s)

Also Read: [Delhi Riots] " If There is Difficulty To identify A Person in Video, Pendulum swings Towards Grant of Bail": Delhi High Court while hearing Bail Plea of Mohd Arif

Case Title: Batch of Petitions