New Delhi [India], February 14 : North East Delhi riots 2020 accused Shahrukh Pathan has moved a regular bail application in Karkardooma Court. He is an accused in a case of pointing a gun at a police man during riots.
His photo, aiming a gun at Police Constable Deepak Dahiya during riots, has gone viral.
He has been in custody since his arrest in March 2020 in connection with an FIR lodged at the Jafrabad Police Station.
The bail plea came up for hearing before Additional Sessions Judge (ASJ) Sameer Bajpai on Friday. However, it was re-listed for hearing next week after SPP Anuj Handa sought time to file a reply.
"Special Public Prosecutor (SPP) seeks adjournment to file reply to the bail application on the ground that he has received the copy of this application yesterday only. Adjournment allowed," ASJ Bajpai said on Friday.
Shahrukh Pathan is an accused in a case linked with alleged offences of rioting, attempt to murder, obstructing a public servant from performing his duty, violating the order passed by a government official, etc.
The bail plea stated that Shahrukh Pathan has been in continuous custody since March 3, 2020. The police have already filed a charge sheet following the investigation. The case is at the prosecution evidence stage.
It is also said that Shahrukh Pathan has been in custody for the last 5 years. The Prosecution has cited approximately 100 witnesses, of whom only a few have been examined so far. It will take a considerable time to conclude the trial.
Regular bail has been sought on the ground that Shahrukh Pathan has already served more than half of the maximum sentence prescribed for the alleged offence while in judicial custody as an under-trial prisoner, and the trial is still far from completion.
It is also stated that continued detention of the applicant in such circumstances is oppressive and punitive in nature and violative of the right to personal liberty and speedy trial under Article 21 of the Constitution of India. Hence, the applicant is entitled to be enlarged on bail.
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