Premium

Punjab and Haryana High Court grants bail to man accused of raising ‘Pakistan zindabad’ slogan

Punjab Haryana High Court bail, Pakistan zindabad slogan case: Justice Rajesh Bhardwaj observed that the veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence.

An FIR was registered against the accused under Sections 152 and 197D of BNS, 2023.An FIR was registered against the accused under Sections 152 and 197D of BNS, 2023. (File Photo)

The Punjab and Haryana High Court recently granted bail to a man accused of raising the “Pakistan zindabad” slogan during the recent India Pakistan war.

Justice Rajesh Bhardwaj observed that the veracity of the allegations would be assessed only after the conclusion of the trial and on the appreciation of evidence.

While refraining from “commenting anything on the merits”, the court said, “Keeping in view the arguments raised by both the sides and perusing the record, the court is of the opinion that learned counsel for the petitioner succeeds in making out a case for the grant of bail.”

Case

The man was accused of raising the slogan during the war between India and Pakistan. The prosecution had alleged that being a citizen of this country, an act of treason was committed by the man against the country.

After this, an FIR was registered against the accused under Sections 152 (acts endangering sovereignty, unity and integrity of India), 197D (makes or publishes false or misleading information jeopardising the sovereignty, unity and integrity or security of India) of BNS, 2023.

A Panchkula sessions court dismissed his bail plea, following which he moved the high court.

Arguments

Senior advocate Kshitij Sharma, and advocates Shobit Sharma, and Pragun Goyal, who represented the accused, submitted that the complainant in the case is the general secretary of bharatiya kisan sangh, Panchkula, Haryana and that the FIR was registered on due deliberations.

Story continues below this ad

He further submitted that the accused has no criminal antecedents and the investigation is already complete.

Advocate Diya Sodhi, representing the State, argued that the allegations made were duly established during the investigation. She further submitted that only the challan has been presented so far and the charges are yet to be framed.

Decision

The court noted that according to the custody certificate the accused has suffered incarceration of a little over six months. It also noted that the accused is not involved in any other case and granted bail.

“Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Duty Magistrate. Nothing said herein shall be treated as an expression of opinion on the merits of the case,” the order said.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More

 

Latest Comment
Post Comment
Read Comments
Advertisement
Loading Taboola...
Advertisement
Advertisement
Advertisement