Delhi HC asks trial court to decide bail plea of Shahrukh Pathan within a month
Jul 24, 2023
New Delhi [India], July 24 : Shahrukh Pathan, accused of pointing a gun at a policeman, withdrew his bail plea from the Delhi High Court. He is to approach the trial court to seek bail in view of the changed circumstances.
The High Court has asked the trial court to decide his bail plea within a month. His bail was pending before the High Court since January 2022. He had approached the High Court after the rejection of his bail plea by the trial court in December 2021.
Justice Dinesh Kumar Sharma allowed the counsel of Shahrukh Pathan to withdraw the bail application.
His counsel Mohd. Shadan submitted before the court that Shahrukh Pathan's bail plea is pending since January 2022. He is languishing in jail for three and a half years.
The counsel also urged the high court to direct the trial court to decide the bail plea expeditiously.
He also submitted that other identified and named accused have been already granted bail by the court. Shahrukh Pathan is in custody, though there is no direct evidence against him.
The counsel also submitted that a fresh bail plea was necessitated as there was a change in circumstances and some important witnesses have been examined after his bail was dismissed in December 2021.
The bail plea was opposed by the Special Public Prosecutor (SPP) Anuj Handa. He brought to the notice of the court the conduct of the accused in jail.
He said that the accused had absconded, he was arrested from Shamli UP in March 3, 2020. A mobile phone was recovered from his cell in Tihar. He also assaulted Assistant Jail Superintendent.
This submission was opposed by the defence counsel who said that the accused was slapped by the Assistant Jail Superintendent for no reason.
Shahrukh Pathan is an accused in two cases of rioting registered at police Station Jafrabad.
One of the cases is related to the incident in which he pointed a gun at police personnel dyeing riots.