The Delhi High Court issued notice on Thursday on the bail plea filed by Shahrukh Pathan to the Delhi Police. Pathan is accused of aiming a gun at a policeman in the Jafrabad area during riots in February 2020.
Justice Jyoti Singh issued notice to the Delhi police on the plea and scheduled the matter for further hearing on April 16.
The High Court also sought a status report on the prosecution proceedings in Pathan’s case. It was mentioned that the trial has been delayed, with only two out of ninety witnesses having been examined so far. Pathan has been in custody for four years.
On December 14, 2023, the Karkardooma Court dismissed Shahrukh Pathan’s bail plea, taking into account his conduct in custody and prior to his arrest. Advocate Khalid Akhtar representing Shahrukh Pathan argued that the accused is seeking bail due to trial delays.
It was presented before the trial court in December 2023 that the accused has been in custody for the past three years and nine months, with only two prosecution witnesses examined thus far. One charge sheet and three supplementary charge sheets have been filed, with 90 prosecution witnesses listed, yet only two have been completely examined.
The matter was heard on a daily basis for a period of time. The defence counsel further argued that despite the court ordering a day-to-day trial on March 7, 2023, and setting an 8th date for the hearing, the trial has yet to commence. Special Public Prosecutor (SPP) Anuj Handa, representing the Delhi Police, opposed the bail plea, citing the accused’s poor conduct in jail and his interactions with the perpetrators of the Red Fort bomb blast while incarcerated. It was also asserted that the accused had been reprimanded by jail authorities multiple times for misconduct, including the recovery of a mobile phone from him and assaults on fellow prisoners.
The defense counsel countered, stating that the maximum sentence is 10 years. The case was not delayed due to the accused. If other accused individuals are not being produced, is this my fault? Can I be imprisoned for this reason?
