A Delhi court has refused interim bail to Shahrukh Pathan, an accused in the Jafrabad firing case during the North-East Delhi violence. Shahrukh Pathan had sought interim bail for 20 days on the basis of his father’s angiography. However, the court has granted him custodial parole to take him to GB Pant Hospital to attend his father’s coronary angiography.
Additional Sessions Judge Amitabh Rawat on Tuesday dismissed Shahrukh Pathan’s application seeking interim bail in view of the level of evidence and past conduct of the accused.
However, in view of the medical grounds shown and his father’s presence at the time of stent/coronary angiography, the accused is being granted custody parole on March 22, 2022.
The court said that the accused is involved in the present case and charges have been framed against him and the matter has been fixed for the evidence of the prosecution and the public witness is yet to be examined. It should also be noted that the accused had absconded after committing the crime and was arrested by the Crime Branch officials from Shamli, Uttar Pradesh.
The court also said that perusal of medical documents shows that accused’s father Sabir Ali is not undergoing surgery as mentioned, but an elective coronary angiography, which is not too serious.
The counsel for the accused had told that the father of the accused is 65 years old and is suffering from various ailments. The doctor has advised him for coronary angiography with stent as the arteries are blocked and the date of surgery has been fixed as March 19, 2022. The presence of the accused is essential before and after the surgery. He is not likely to tamper with evidence or influence witnesses.
On the other hand, the Special Public Prosecutor (SPP) opposed the application saying that the father of the accused was not admitted to GB Pant Hospital. He is being treated as an outpatient. He has planned Elective Coronary Angiography on March 22, 2022 which is not too serious and is planned on elective basis.