Northeast Delhi violence: Court denies interim bail to Shahrukh Pathan, grants custody parole to attend father's angiography
Mar 15, 2022
New Delhi [India], March 15 : A Delhi Court on Tuesday denied interim bail to Shahrukh Pathan, an accused in Jafrabad firing case during Northeast Delhi violence.
Pathan had sought 20 days interim bail on the ground of angiography of his father. However, the court has granted him custody parole for taking him to GB Pant Hospital for attending the coronary angiography of his father.
Additional Sessions Judge Amitabh Rawat dismissed the application moved by Shahrukh Pathan seeking interim bail considering the stage of evidence and given the past conduct of the accused.
However, considering the medical grounds shown and his presence at the time of the stent/coronary angiography to be conducted of his father, custody parole is being granted to the accused on March 22, 2022.
The court observed, "The accused is involved in the present case and charges have been framed against him and the case is fixed for prosecution evidence and public witness is yet to be examined. It is also noted that after the commissioning of offenses, the accused had absconded and was apprehended from Shamli in Uttar Pradesh by officials of the Crime Branch."
The court also noted that the medical document as verified shows that it is not a surgery of the father of the accused Sabir Ali which has been proposed but an elective coronary angiography, which is not critical in nature.
The counsel for the accused had submitted that the father of the accused is 65 years old and has been suffering from various ailments and the doctor has advised for coronary angiography with a stent as arteries are blocked and date of surgery is fixed on March 19, 2022.
The presence of the accused is required during pre and post-surgery. He is not likely to tamper with the evidence or influence the witnesses.
On the other hand, Special Public Prosecutor (SPP) opposed the application stating that the father of the accused was not admitted to GB Pant Hospital. He is being treated as an outpatient. He has planned for elective coronary angiography on March 22, 2022 which is not critical in nature and is planned on an elective basis.
