Anticipatory Bail Granted to Former Deputy C.M. Sukhbir Badal Unprovoked Firing Conspiracy Case

In a significant legal development, the Punjab and Haryana High Court, presided over by Hon’ble Mr. Justice Anoop Chitkara, has granted anticipatory bail to the petitioners in a case involving an alleged conspiracy related to unprovoked firing upon peaceful protesters.

The judgment, pronounced on September 29, 2023, addresses a series of petitions (CRM-M-14308, 14326, 14915, 14921, 14926, and 16991 of 2023) with similar facts and a common prayer. It marks a crucial turning point in a case where the petitioners had previously faced dismissal of their bail applications.

The case had its roots in a religious congregation held in 2007, which sparked controversy. The FIR filed in the aftermath of the incident led to subsequent developments, including sacrilege incidents and growing resentment among Sikh communities.

The Special Investigation Team (SIT) conducting the investigation implicated several individuals, including the petitioners. The judgment outlined the specific actions attributed to each accused, based on the SIT’s findings.

Justice Chitkara’s judgment highlighted the pivotal factors leading to the grant of anticipatory bail. He emphasized the lack of a need for custodial interrogation, the magnitude of the crime, and the quality of evidence collected.

“In the present case, the magnitude of the crime was undoubtedly massive; still, the evidence collected against the petitioners is based on presumptions that the petitioners were involved in the conspiracy, and the evidence prima facie lacks evidence qua motive,” the judgment noted.

Furthermore, the judgment made it clear that the petitioners would not influence or tamper with witnesses or the investigation. It outlined conditions for the grant of anticipatory bail, which were to be strictly followed.

The judgment cited legal precedents, including cases such as Mahdoom Bava v. Central Bureau of Investigation, Sidharth v. State of UP, and Aman Preet Singh v. CBI, in support of its decision.

This judgment stands as a significant development in the ongoing legal proceedings, allowing the petitioners relief in the form of anticipatory bail while awaiting further trial.

DATE OF DECISION: September 29, 2023

Sukhbir Singh Badal   Vs State of Punjab