“21 Salutes To National Flag By Raising Slogan Bharat Mata Ki Jai”: Madhya Pradesh HC Imposes Bail Condition On Accused Who Allegedly Shouted "Pakistan Jindabad Hindustan Murdabad”
The Madhya Pradesh High Court has imposed a bail condition of saluting the national flag while raising the slogan of “Bharat Mata ki Jai” on an accused implicated under Section 153B of the Indian Penal Code.
The Court granted regular bail under Section 439 of the CrPC to an accused who was in detention for allegedly shouting the slogan "Pakistan Jindabad Hindustan Murdabad” to promote enmity between different groups. The Prosecution alleged that the act was “prejudicial to maintenance of harmony and national integration.”
A Single Bench of Justice Dinesh Kumar Paliwal ordered, “It is directed that applicant be released on bail on his furnishing a personal bond…It is further directed that he shall continuously mark his presence before Police Station…and shall salute the National Flag unfurled on the building of police station 21 (twenty one) time raising slogan "Bharat Mata ki Jai". Aforesaid condition has to be necessarily incorporated in bail papers.”
Advocate Hakim Khan appeared for the applicant, while Government Advocate C. K. Mishra represented the respondent.
As per the prosecution case, the applicant by shouting the slogan “Pakistan Jindabad Hindustan Murdabad” attempted to promote enmity between different groups as his acts were prejudicial to the maintenance of harmony and national integration. After investigation, a charge sheet was filed for the commission of an offence under Section 153B of the IPC.
The applicant argued that he had been falsely implicated and that he was innocent. However, there also was a video in which the applicant was seen shouting the alleged slogan. It was submitted that since the offence was triable by JMFC with a maximum sentence of three years, his prayer for bail should be allowed by imposing some stringent conditions.
On the other hand, the State opposed the prayer for bail and submitted that the applicant was a habitual offender with fourteen criminal cases registered against him. It was argued that he was openly shouting slogans against the country in which he was born and brought up. “If he is not happy and satisfied in this nation, he may opt to live in the country of his choice for which he raised slogan of jindabad,” the prosecution submitted.
The High Court released the applicant on bail by imposing some conditions which “may enthuse in him the sense of responsibility and a pride for the country in which he is born and living.”
Apart from adding the condition to “salute the National Flag…21 time raising slogan Bharat Mata ki Jai,” the Court also added, “Aforesaid condition has to be necessarily incorporated in bail papers. He shall also abide by all the conditions enumerated under Section 437(3) of Cr.P.C.”
The Court remarked, “This bail order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the aforesaid conditions of bail, it shall become ineffective.”
Cause Title: Faizal @ Faizan v. The State Of Madhya Pradesh (Neutral Citation: 2024:MPHC-JBP:51481)
