Punjab-Haryana High Court
Manwinder Singh vs State Of Punjab And Others on 8 February, 2012
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Crl. Misc.-M No.1856 of 2012 -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl. Misc.-M No.1856 of 2012
Date of decision: February 08, 2012.
Manwinder Singh
... Petitioner(s)
v.
State of Punjab and others
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Shri Brijinder Singh Loomba, Advocate, for the petitioner.
Ms. Jaspreet Kaur, Assistant Advocate General, Punjab.
Kanwaljit Singh Ahluwalia, J. (Oral):
Present petition has been filed under Section 438 Cr.P.C. for the grant of pre-arrest bail to the petitioner in a case arising out of FIR No.233 dated 21.12.2011, registered at Police Station Salem Tabri, District Ludhiana City, under Section 153A of the Indian Penal Code.
Case of the prosecution is that one Baljit Singh Jassian, who claims himself to be Punjab President of the Akhil Bhartia Shiv Sena Rashtarwai Party, lodged a complaint that the accused-petitioner gets stitched T-shirts and the material printed thereupon creates hatred between the different sections of the people belonging to two different religions and propagates Khalistan.
In this case, notice of motion was issued and the State was Crl. Misc.-M No.1856 of 2012 -: 2 :- called upon to place on record the material which is printed on the T-shirts. Counsel for the State has placed on record certain photographs. One of the photographs shows slogan on the back of the T-shirt as "NEVER FORGET 84", and another as "When the Indian Army sets foot in the Harimandir Sahib Complex, the Foundation Stone of Khalistan will be laid" Sant Jarnail Singh Ji Khalsa Bhindranwale (Present Jathedar of Damdami Takhat).
The issue which will arise for consideration of this Court is as to whether printing or propagation of the above material will constitute an offence under Section 153A IPC or not.
The above said issue has been considered by the Hon'ble Apex Court and this Court in various judgments. In Bhagwan Singh Mokal v. Union Territory, Chandigarh, 2001(2) RCR (Crl.) 238, it was held that where accused raised slogans which were pro-Khalistan and anti-Brahmin and anti-Constitution, offence will not fall under Section 153A IPC. In this case, a Single Judge of this Court, Amar Dutt,J. as His Lordship then was, had quashed the FIR and for doing so, reliance was placed on Balwant Singh and another v. State of Punjab, AIR 1995 SC 1785. A similar view was reiterated in Gurjatinder Pal Singh v. State of Punjab, 2009(3) RCR (Crl.)224 and the FIR was quashed.
Thus, this Court is of the view that it is a moot question whether the petitioner has committed an offence under Section 153A IPC or not. Since for the similar reasons, FIR has been quashed in the judgments cited above, this Court is of the view that the petitioner is entitled to grant of pre-arrest bail.
Hence, present petition is accepted. It is ordered that in the Crl. Misc.-M No.1856 of 2012 -: 3 :- event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting officer till filing of the report under Section 173 Cr.P.C. Thereafter, the petitioner shall be permitted to file the regular bail bonds in the trial court. The petitioner shall continue to join the investigation as and when called. The petitioner shall also abide by the conditions specified under Section 438(2) Cr.P.C.
[Kanwaljit Singh Ahluwalia] February 08, 2012. Judge kadyan