Court rejects Punjab plea to impose strict bail terms on Majithia
Mohali, Feb. 4 -- Hours before Shiromani Akali Dal leader Bikram Singh Majithia's release from Nabha jail, a Mohali court rejected an eleventh-hour application by the Punjab government seeking stringent bond conditions on his bail, including demands that he should not enter the state except for court hearings and that his mobile phone location be tracked at all times.
The application was moved before a Mohali court by the Punjab Vigilance Bureau, a day after the Supreme Court passed the order granting bail to Majithia in a case registered under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act and Section 120-B of the Indian Penal Code (IPC).
The VB submitted before the court that the case is pending trial and the investigation is still underway. Describing Majithia as an influential person, the VB, in its plea, claimed that there was a genuine apprehension that, if released, the SAD leader could influence witnesses, tamper with evidence, delay proceedings, and affect the trial through public statements.
The prosecution sought 10 specific conditions, including a bar on Majithia entering Punjab except to attend court hearings, a restriction on making any public or media statements on the case, surrender of his passport, sharing all his mobile numbers with the investigating officer, use of only one SIM card, continuous location tracking, and a prohibition on any public demonstration after his release. The state also sought restrictions on dealing with properties under investigation and on seeking adjournments during trial.
After hearing arguments and examining the top court's bail order, the Mohali court observed that while the prosecution was permitted to seek bail conditions, it must be reasonable and legally sustainable.
The court declined the state's demand to bar Majithia from entering Punjab, noting that he is a permanent resident of the state and that there was no allegation that he had violated bail conditions in an earlier case while residing in the state.
The court also refused the prosecution's request for continuous mobile phone location tracking. The court further declined to impose restriction on Majithia's right to speak, including on social media platforms. The court noted that Majithia's passport is already in judicial custody. Advocate HS Dhanoa, who appeared for Majithia, said the court upheld constitutional safeguards. "The court has rightly observed that Article 19 guarantees the right to speak, subject to law. A person cannot be prevented from residing in his own state, nor can his privacy be compromised without a legal basis," Dhanoa added.
The court ordered Majithia's release on bail on standard conditions, including furnishing personal and surety bonds of Rs.2 lakh each, cooperating in trial, not influencing witnesses, and appearing before the court as directed....
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