BREAKING | Punjab And Haryana High Court Stays Arrest Of BJP Leader Tajinder Bagga Till May 10

A Local Court in Punjab (SAS Nagar) has issued a non-bailable arrest warrant against BJP Leader Tajinder Pal Singh Bagga. The court has also termed the release of Bagga from Punjab Police's Custody as 'illegal'.

Essentially, the Judicial Magistrate First Class, Mohali, Ravtesh Inderjit Singh was hearing an application filed by the Punjab State praying for the issuance of an arrest warrant against Bagga in connection with a case registered against him under Section 153-A, 505, 505 (2), 506 of IPC.

Here it may be noted that in this very case, the Punjab Police had arrested Bagga yesterday morning, however, however, with the intervention of the Harayana Police and on the strength of a Delhi Court's order, Delhi Police was able to bring Bagga back to Delhi in the evening after taking him under their Custody from Thanesar police Station, Kurukshetra (Haryana).

Before the Mohali Court, the Punjab State's Application was accompanied by a copy of notices issued to Bagga u/s 41-A Cr.P.C. dated 11.04.2022, 13.04.2022, 18.04.2022, 26.04.2022, and 02.05.2022.

Before the Court, DSP Sukhnaaz Singh, City-1, Mohali also made a statement that a quashing petition with regard to the FIR is pending before the High Court, however, he added, there is no stay regarding the arrest of Bagga in the FIR nor any anticipatory bail application had been moved by accused.

It was also informed to the Court that a Habeas Corpus petition filed by the State of Punjab is also pending before the High Court for May 10, 2022 seeking the release of its Police officials alleging that they are illegally detained by the Haryana Police.

Court's order

At the outset, the Court took into account the contents of the application, Section 41-A CrPC notices issued to the accused by the Investigating Agency and the FIR against Bagga, and remarked thus:

"(The) accused is residing out of State i.e. Delhi and has failed to appear before the Investigating Agency despite the issuance of notices under Section 41-A CrPC...Additionally, investigating team also went to Delhi on 06.05.2022, to arrest the accused, and the accused was arrested from his house and intimation qua his arrest was given to the father of the accused. Kuljinder Singh, DSP along with police party went to police station Janakpuri, New Delhi to give necessary intimation qua the arrest of the accused. However, no DDR entry was made by the concerned police station. When the police party was bringing accused, so as to be produced before the Court at Mohali, the police party was stopped by Kurkshetra Police and they took the police party to PS Thanesar Sadar. At about 02:30PM, Sh. Parshant Gautam, IPS, Additional DCP-1, West New Delhi, came along with police force and got released the accused forcibly and illegally."

In view of this, keeping in view the contents of the application and the fact that sufficient opportunities have already been granted to the accused to join the investigation and despite that he has failed to join the investigation, the Court noted that it is necessary for the interest of justice, to issue non-bailable warrants against him for May 23. 2022, in order to facilitate the investigation.

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