SIMRANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition under Section 439 of the Code of Criminal Procedure has been filed for grant of regular bail to the petitioner in case FIR No.0196 dated 18.12.2019, under Section 295-A IPC and Section 3(l)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station Cantonment, Police Commissionerate, Amritsar.

(2.) The allegations which are contained in the FIR are that on 15.09.2019, on social media, one lady advocate who is resident of Mohali and is also connected with a political party, has compared Bhagwan Shri Balmiki Ji Maharaj with some gangster and despite being an advocate, she must not use such objectionable words against Bhagwan Balmiki Ji Maharaj and. therefore, the present FIR has been lodged against the present petitioner. Thereafter, the petitioner surrendered before the police on 19.01.2020. From that period, she is in custody.

(3.) Learned counsel for the petitioner has submitted that in the present case, although, there is a CD. which was placed on the social media on 15.09.2019 and which shows that she has made some statements with regard to Shri Balmiki Ji Maharaj but according to learned counsel for the petitioner, the same were only the remarks which were made unintentionally and without any motive or malice in the mind of the petitioner. He has further argued that the petitioner has made the remarks which were not to malign the highness of Shri Balmiki Ji Maharaj. He has further argued that in the present case, his argument is augmented from the fact that on the same day i.e. on 15.09.2019 at 5.41 p.m., the petitioner had uploaded another video on the same media, putting a clarification and also specifically apologizing from the general public that she never meant to compare Bhagwan Shri Balmiki Ji Maharaj with any gangster. Learned counsel for the petitioner has submitted two copies of transcripts of the above stated video of clarification/apology tendered on social media and the said transcript which has been produced in Court and are hereby directed to be placed on record. One of which is placed as Mark 'X' and which is reproduced as under :-