3 min readChandigarhFeb 27, 2023 01:55 AM IST
First published on: Feb 27, 2023 at 01:53 AM IST
The Punjab and Haryana High Court has granted bail to a man arrested for allegedly writing “Khalistan Zindabad” on the statute of Beant Singh, former chief minister of Punjab, at Jalandhar. As per the case, on February 28, 2022, a police team headed by Inspector Anil Kumar received a secret information to the effect that some mischievous elements have written a slogan, namely “Khalistan Zindabad” on the statute of Beant Singh which was covered with glass at BMC Chowk, Jalandhar, and thereby intended to disturb the law and order in Punjab.
Following this, an FIR was registered by the police on August 28, 2022, under Sections 121-A, 124-A, 153-A, 120-B of IPC and 66(A), 66(F) of Information Technology Act, 2000, at Navi Baradari police station, District Police Commissionerate Jalandhar.
As per the police, during the course of the investigation, on September 7, 2022, accused Sam (the petitioner), Raman alias Sonu and Lakhwinder Singh alias Lakha were arrested and they disclosed information regarding the writing of the said slogan on the statute of Beant Singh. Accordingly, they were nominated as accused.
Counsel for Sam argued that the petitioner has no connection with the commission of the alleged offence. The petitioner belongs to Christian community and there was no question of glorifying other religions, the counsel contended.
On the other hand the counsel for the state contended that serious allegations have been levelled against the petitioner, who was involved in a similar case registered in September 2022 at Shimla West police station, Himachal Pradesh. Therefore, the criminal antecedents of the petitioner should not entitle him to the grant of bail, the state counsel argued. Countering this the petitioner’s counsel submitted that so far as the FIR registered at Shimla on similar allegations is concerned, his (petioner’s) mobile phone location would establish that he was not in Shimla at the time.
Hearing the matter, a bench of Justice Jasjit Singh Bedi said, “The veracity of the allegations against the petitioner shall be substantiated during the course of the trial. The petitioner is stated to be in custody since September 7, 2022. The investigation stands completed and none of the 22 prosecution witnesses have been examined so far. Since the trial of the case is not likely to be concluded any time soon, the further incarceration of the petitioner is not required.”
Without commenting on the merits of the case, the present petition is allowed and the petitioner (Sam) is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate concerned, said the high court.