"Not Pakistan's Flag": MP HC Grants Bail To Persons Accused Of Hoisting Pak Flag, Appreciates Their Sentiments Towards Motherland

They have been arrayed as accused in Crime number 525/2020, registered at Industrial Area, Dewas under Section 153A IPC (promoting enmity between groups on ground of religion, race, place of birth, residence, language, and doing acts prejudicial to the maintenance of harmony).

The Bench of Justice Virender Singh was hearing the plea of petitioners, who filed an application under section 439 of the Cr.P.C.

The sole allegation against the petitioners, uncle-nephew duo, is that they unfurled the Pakistani flag at their house.

It was submitted that the flag unfurled by the petitioners was actually the religious symbol usually unfurled at the religious occasions like Moharram.

It was pointed out that the colour shades of both the Pakistani National flag and the flag unfurled by the petitioner are substantially different and also the position and orientation of the crescent moon and the star in the flag unfurled are totally different from the one depicted in the Pakistani national flag.

Court's Decision

After going through both the flags and the allegation made against the petitioner, coupled with the period of custody, the Court allowed the application.

The Court allowed the application, overruling the objection of the State that the petitioner No.1 Farukh has one criminal case registered against him and petitioner No.2 Aman has three criminal cases registered against him.

The petition stood allowed, as a satisfactory explanation was given by the counsel for the petitioner that out of the three cases registered against Aman, one case was only an incident of an accident and the other two cases have been registered along with his uncle in a property dispute within the family.

The Court directed that the petitioners Farukh Khan S/o Idu Khan Mansuriv and Aman S/o Fakru Khan Mansuri be released from custody on their furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) each with one solvent surety each to the satisfaction of the Trial Court for their appearance before the Trial Court as and when required.

The counsel for the petitioners further submitted that the petitioners have voluntarily made a promise that they would be proud to unfurl the Indian flag at their house always or particularly on the auspicious occasions.

To this, the Court said,

"This Court appreciates the sentiments and the solicitude of the petitioners towards their motherland." (emphasis supplied)