The Delhi High Court today refused to grant bail to Shahrukh Pathan who was seen in a viral video pointing a gun at an unarmed Delhi Police personnel during the riots of February 2020. (Shahrukh Pathan vs State).A Single Judge Bench of Justice Suresh Kumar Kait stated, "Keeping in mind the gravity of offence committed by the petitioner as also the facts of the present case, I am not inclined to grant bail to the petitioner.".Following the incident, an FIR was registered against him by the Delhi Police for the commission of offences under Sections 147/148/149/186/216/307/353 IPC & Sections 25/27 Arms Act..Chargesheet in the matter has already been filed before the trial court. .Pathan, a resident of north-east Delhi, was seen pointing his pistol at the policeman on the Jaffrabad-Maujpur road. He was subsequently arrested on March 3. .In its order, the High Court noted that the role attributed to Shahrukh Pathan was not confined to his participation in the mob of rioters but of "heading a large crowd, holding a pistol in hand and releasing open fire shots". .The Court remarked, "The video clipping and pictures played before this Court have shaken the conscience of this Court how petitioner (Pathan) could take law and order in his hands. Whether or not petitioner had 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.".Further observing that the veracity of the complainant's version shall be tested at trial, the Court added that it was not Pathan's case that he was not involved in the alleged incident. .The Court thus agreed with the rejection of his bail by trial court as it stated, "In the opinion of this Court, the learned trial court has rightly held that the petitioner is alleged to have participated in riots and his picture speaks a volume about his involvement..The petition is accordingly dismissed while refraining to comment upon the merits of the prosecution case..".Advocates Khalid Akhtar, Mohammad Shadan, Bilal Khan, Maaz Akhtar, Sheikh Bakhtyar appeared for Pathan..State was represented by SPPs Amit Mahajan, Rajat Nair with Advocates Shantanu Sharma, Dhruv Pande..Read the order:
The Delhi High Court today refused to grant bail to Shahrukh Pathan who was seen in a viral video pointing a gun at an unarmed Delhi Police personnel during the riots of February 2020. (Shahrukh Pathan vs State).A Single Judge Bench of Justice Suresh Kumar Kait stated, "Keeping in mind the gravity of offence committed by the petitioner as also the facts of the present case, I am not inclined to grant bail to the petitioner.".Following the incident, an FIR was registered against him by the Delhi Police for the commission of offences under Sections 147/148/149/186/216/307/353 IPC & Sections 25/27 Arms Act..Chargesheet in the matter has already been filed before the trial court. .Pathan, a resident of north-east Delhi, was seen pointing his pistol at the policeman on the Jaffrabad-Maujpur road. He was subsequently arrested on March 3. .In its order, the High Court noted that the role attributed to Shahrukh Pathan was not confined to his participation in the mob of rioters but of "heading a large crowd, holding a pistol in hand and releasing open fire shots". .The Court remarked, "The video clipping and pictures played before this Court have shaken the conscience of this Court how petitioner (Pathan) could take law and order in his hands. Whether or not petitioner had 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.".Further observing that the veracity of the complainant's version shall be tested at trial, the Court added that it was not Pathan's case that he was not involved in the alleged incident. .The Court thus agreed with the rejection of his bail by trial court as it stated, "In the opinion of this Court, the learned trial court has rightly held that the petitioner is alleged to have participated in riots and his picture speaks a volume about his involvement..The petition is accordingly dismissed while refraining to comment upon the merits of the prosecution case..".Advocates Khalid Akhtar, Mohammad Shadan, Bilal Khan, Maaz Akhtar, Sheikh Bakhtyar appeared for Pathan..State was represented by SPPs Amit Mahajan, Rajat Nair with Advocates Shantanu Sharma, Dhruv Pande..Read the order: