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In a bizarre order on November 26, the Madhya Pradesh High Court (Indore Bench) directed the accused to present himself before an advocate and social worker Mrs. Rashmi Pandey in the first week of February, March and April 2021 for counselling purpose and follow her instructions as a bail condition. (Anwar v. State of Madhya Pradesh MCRC No. 45683 of 2020)
Matter before the court
The petitioner Anwar was accused of posting a WhatsApp status “Tumne Dilli mein ek goli maari, humne MP mein aur Shajapur Shaheen Bagh bana diya (NO CAA NRC)” (You shot a bullet in Delhi, we made MP and Shajapur Shaheen Bagh).
Subsequently he was booked under Sections 188 (Disobedience to order duly promulgated by public servant) and 505 [2] (Statements creating or promoting enmity, hatred or ill-will between classes) of the Indian Penal Code and was arrested on July 2, 2020 and has been under detention since. After the investigation in the case, a charge sheet was filed by the police.
The prosecution had alleged that his WhatsApp status was found to be prejudicial to the maintenance of religious harmony and could have adversely affected public tranquility.
Court’s order
The Single Bench of Justice Virendra Singh noted that the petitioner has no criminal antecedents, and directed him to be released on bail by furnishing a personal bond of Rs.30,000 to the satisfaction of the subordinate court.
Justice Singh also noted that if the Advocate and social worker Mrs. Pandey submitted a disconcerting report against the petitioner, the benefit of bail given to the petitioner would be reconsidered.
The order may be read here:
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