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Updated August 10th, 2022 at 23:39 IST

Drug case: SAD's Majithia gets bail, HC says reasonable grounds to believe he's not guilty

The court said reasonable grounds exist to believe that the petitioner is not guilty of the offence of "harbouring" the offenders.  

Majithia
Image: PTI | Image:self
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Chandigarh: Shiromani Akali Dal leader Bikram Singh Majithia on Wednesday walked out of the Patiala jail on bail with the Punjab and Haryana High Court saying there were "reasonable grounds" to believe that he is not guilty.

It, however, said the observation is only for the purpose of adjudicating his bail application and the trial court should proceed independently of the observations made by it.

Majithia was released after spending more than five months in the Patiala jail in a drug case. 

The Akali leader came out of the jail around 6.30 pm and a large number of party leaders and workers assembled outside the prison to welcome him and showered petals over his vehicle. 

Majithia is the brother-in-law of SAD president Sukhbir Singh Badal and brother of former Union minister Harsimrat Kaur Badal. 

He had been lodged in the Patiala jail since February 24.  

The Division Bench of Justices MS Ramachandra Rao and Sureshwar Thakur granted him bail.

The court said, "We are satisfied that reasonable grounds exist to believe that petitioner is not guilty of the offences alleged against him in the FIR and he is not likely to commit such offences while on bail."  

The court said it will take time for the trial against him to start and culminate. "So no fruitful purpose is going to be served even if the petitioner is kept in judicial custody for a further indefinite period," it said.

The court, however, said,"Nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial court should proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present bail application."

On the financing of the drug trafficking charge, the court said the senior counsel of the state did not place statement of any other person about the petitioner's involvement.  

"So, on the basis of the material placed before us as on date, we are of the view that the evidence against the petitioner is frail and not credible and so reasonable grounds exist to believe that petitioner is not guilty of financing drug trafficking," it said.  

The court said there is no material placed on record showing possession, transportation, storing by or recovery of any contraband from the petitioner.  

"All recoveries in the concluded trials have been effected from specific individuals and petitioner was not shown therein to have any role in that regard," it said.  

The court pointed out that the state did not even seek police remand of the petitioner after he surrendered and only sought before the court judicial remand stating that his custodial interrogation is not necessary.  

It said reasonable grounds exist to believe that the petitioner is not guilty of the offence of "harbouring" the offenders.  

The court asked Majithia to furnish a personal and surety bond of Rs 2 lakh each and also deposit his passport with the investigating agency concerned. He shall travel abroad only with leave of this court and shall not tamper with the prosecution evidence, said the court.  

Speaking to reporters outside the jail, Majithia thanked the Almighty and dubbed it a "victory of truth". He also appealed to the Centre to release Sikh prisoners who have completed their terms.

Replying to a question on his family waiting for him, Majithia said he will hug his children and touch the feet of his parents.

Majithia in his bail plea had submitted that the FIR registered against him was malafide and it was "a gross abuse of power and a case of political vendetta."  

Majithia was booked on the basis of a 2018 report of the anti-drug special task force (STF) into a drug racket in the state.  

The STF report was based on confessional statements given to the Enforcement Directorate by some accused, including Jagjit Singh Chahal, Jagdish Singh Bhola and Maninder Singh Aulakh.  

Earlier, the apex court had directed the Punjab Police not to arrest the former Punjab minister till February 23 in the drugs case so he could undertake electioneering in the state.

The court had, however, directed Majithia to surrender before the trial court after the Punjab Assembly polls on February 20.

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Published August 10th, 2022 at 23:39 IST

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