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Synopsis

A Delhi Court on Saturday granted bail to Shahrukh Pathan, who hogged media spotlight as he pointed a pistol at a policeman and threatened to kill him during the 2020 northeast Delhi riots.

The alleged incident took place near the Maujpaur Chowk on February 24, 2020. Pathan was accused of being part of a violent mob that cause gunshot injuries to an individual named Rohit Shukla.

Additional Sessions Judge (ASJ) Amitabh Rawat of Karkardooma Court said, “In the overall facts and circumstances of the case where accused Shahrukh Pathan has been in custody since April 3, 2020, the (case is at the) stage of the prosecution evidence, where public witness and injured Rohit Shukla has been examined and relevant remaining witnesses are all police officials, and all other co-accused persons are on bail, the present bail application of accused Shahrukh Pathan is allowed”.

While granting bail the ASJ directed Pathan to furnish a personal bond of Rs 50,000 with two sureties of the like amount.

The Judge said Pathan did not shoot victim Rohit Shukla but was claimed to have been present in the mob that shot him.

The court noted that the conduct of Pathan in this case before he was arrested and even during trial, during judicial custody has been atrocious. “However, it remains a fact that he has been judicial custody since 03.04.2020”, it said.

“The court is also conscious of the fact that accused Shahrukh Pathan is also involved in another rioting case (FIR No.51/2020 Police station-Jafrabad) where he is stated to have made an attack on the life of a police official, however, the said case will be dealt with on its own facts”, the court added.

In December 2021, the Jafrabad police station had filed an FIR against Shahrukh Pathan and others under various sections of rioting, attempt to murder of Indian Penal Code. Officially charges were framed under Sections 147, 148, 149, 186, 188, 153A, 283, 353, 332, 323 and 307 of the IPC.

Notably, in July this year, Justice Dinesh Kumar Sharma directed Pathan, an accused in the Delhi Riots 2020 to approach the Trial Court for bail, in the case related to rioting and causing injury to police personnel, including one Rohit Shukla. He had said that there have been circumstantial changes in the matter and directed the accused to approach the trial court for bail.

"The learned counsel for the petitioner seeks liberty to move a fresh bail application before the learned Trial Court. The fresh bail application is necessary, on account of change in circumstances as certain important prosecution witnesses have already been examined. The view of the learned counsel is that the testimony of such prosecution witnesses are full of contradictions. This court is conscious of the fact that this bail application is pending since 2022, therefore this court requests the learned Trial Court to dispose of the bail application within a period of 1 month time", the court had ordered.

It is to be noted, that Justice Suresh Kumar Kait in April 2021, refused to grant bail to Pathan, in another case wherein he is seen in a CCTV footage holding a pistol in hand and releasing open fire shots. The court had upheld the findings by the Trial court that Pathan had participated in riots and his picture spoke a volume about his involvement.

“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. Whether or not Petitioner had the intention to kill the complainant or any person present in the public with his open-air pistol shots, but it is hard to believe that he had no knowledge that his act may harm anyone present at the spot,” the court had then said.

Case Title: State v. Salman & Ors.