The Madhya Pradesh High Court recently granted bail to a man accused of shouting 'Pakistan Zindabad Hindustan Murdabad' on the condition that he shall salute the Indian flag 21 times, twice a month, while raising the slogan of 'Bharat Mata ki Jai' [Faizal @ Faizan v. State of Madhya Pradesh].
Justice Dinesh Kumar Paliwal passed the order after noting that the accused may be released on bail after imposing some conditions that would enthuse him with a sense of responsibility and pride for the country in which he was born and living.
The man had been booked under Section 153B (promoting enmity) of the Indian Penal Code, 1860 for shouting pro-Pakistan slogans. The High Court granted him bail on October 15.
"It is further directed that he shall continuously mark his presence before Police Station Misrod, Bhopal between 10 A.M. to 12 'O'Clock of the day on every 1st and 4th Tuesday of month till final conclusion of trial 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," the Court added in its order.
Applicant may be released on bail by imposing conditions which may enthuse in him a sense of responsibility and pride for the country.Madhya Pradesh High Court
The accused man's counsel had maintained that he had not committed any offence and was falsely implicated. However, the counsel admitted that in a video, the accused was seen shouting a pro-Pakistan slogan.
The State had vehemently opposed any grant of bail, arguing that the accused was a habitual offender with around 13 cases already filed against him. In the video, the accused could be seen openly shouting slogans against the country in which he was born and brought up in, the State added.
The State counsel contended that if the accused is not happy and satisfied in India, he may opt to live in the country of his choice for which he raised the slogan of 'zindabad' (long live).
The Court eventually allowed the accused man's release on bail on furnishing a personal bond of ₹ 50,000, apart from the condition that he salute the Indian flag and raise a pro-India (Bharat Mata Ki Jai) slogan.
The Court added that this bail order will be effective till the end of the trial. In case of a bail jump or breach of any of the bail conditions by the accused, the bail order will become ineffective, it further clarified.
Advocate Hakim Khan appeared for the bail applicant (accused).
Advocate CK Mishra appeared for the State.
[Read Order]