Sun. Aug 9th, 2020

Ishrat Jahan vs State on 31 July, 2020

2 min read

2. The brief facts of the case are that the petitioner is an advocate since

2006 and has also served as a Congress Municipal Councillor (2012-2017)

from Ward No.231, Ghondli, Delhi.

3. It is stated in the present petition that in February 2020, a peaceful

protest against Citizenship Amendment Act had been going on at Khureji

Khas and no complaint of any criminal activity had been moved against any

of the protestors. The petitioner being a Former Municipal Councillor was

falsely implicated and arrested in case FIR No.44/2020 registered at Police

Station Jagat Puri on 26.02.2020 and was sent to judicial custody, however,

granted bail by the court of Ms.Manjusha Wadhwa, learned ASJ-03,

Shahdara District, Karkardooma Court vide order dated 21.03.2020 wherein

the learned sessions Court held that “Role assigned to applicant Ishrat

Jahan is that she incited the crowd to remain present at the spot as well as

raised slogan of freedom, however, no overt act has been imputed to her

whereby she incited the crowd to take law in their hands and use force

against the police. She is a woman and is in JC since 26.02.2020. There

are no allegation of use of katta by her or providing the same to any other

member of the crowd and thus invocation of Section 307 IPC against her is

Crl.M.C.1525/2020 Page 2 of 19
debatable. In the considered opinion of this Court, the applicant Ishrat

Jahan @ Pinki being a woman is entitled to benefit of proviso to Section

437(1) Cr.P.C. and it is in the fitness of things to extend her benefit of bail.”

Source: Indian Kanoon

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