Decide Shahrukh Pathan’s bail plea in 1 mth: HC

New Delhi: The Delhi High Court Monday asked a trial court to decide within a month a fresh bail plea by Shahrukh Pathan, who was seen in newspaper photographs pointing a gun at a policeman during the 2020 northeast Delhi riots.

The counsel for Pathan sought to withdraw his pending bail application from the high court and to approach the trial court for seeking the relief as there is a considerable change in the situation.

Justice Dinesh Kumar Sharma was informed by the counsel for the accused that his bail plea was pending before the high court since January 2022. He urged the high court to direct the trial court to hear and expeditiously decide Pathan’s bail petition.

The high court allowed the accused to withdraw the plea and said, “This court requests the trial court to dispose of the bail application within one month.”

The counsel for the accused said the fresh bail plea was necessitated as there was change in circumstances, with certain important prosecution witnesses having been examined after his earlier bail application was dismissed.

During the hearing, Pathan’s counsel claimed those accused who were identified and named by the prosecution witnesses have already secured bail while he was still in jail.

He claimed there was no direct evidence against him and he has been “languishing” in jail for nearly three-and-a-half years.

The bail plea was opposed by the prosecutor who brought to the notice of the court the conduct of the accused in jail.

“The conduct of the accused is crystal clear. A mobile phone was recovered from his cell. He attacked the assistant superintendent of jail. He absconded himself after the crime and was later arrested on March 3, 2020,” he contended.

The police had earlier filed a status report before the high court saying there were police and public witnesses who have identified Pathan. The report said from the criminal family background of Pathan and his desperate nature, it could be inferred that he can adversely influence the witnesses.

The report had said the statement of the eyewitnesses and seized CCTV footage established that Pathan was leading a mob and indulged in the act of rioting on February 24, 2020 during which he fired at the complainant and public from his pistol.