Madhya Pradesh High Court granted bail to the nephew-uncle duo after it found that the flags unfurled by the petitioners and Pakistani flag were different and further appreciated the sentiment of the solicitude of the petitioners towards their motherland when they voluntarily made a promise to hoist the national flag too.
The high court heard the bail application of the petitioners under section 439 of CrPC. The petitioners were solely accused of unfurling the Pakistani national flags on their house. The petitioners’ counsel submitted that the flag unfurled by the was not the Pakistani national flag but was a religious symbol that is usually unfurled on special religious occasions like Moharram. The counsel for petitioners submitted photographs of the two flags pointing out the substantial differences like color schemes and position of moon and star which was totally different in both flags.
The court found the submissions and explanations satisfactory and granted bail to the uncle-nephew duo. The court directed the release of the petitioners on their furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) each with one solvent surety each to the satisfaction of the Trial Court.
The counsel for petitioners further submitted that the petitioner voluntarily promised to hoist the Indian national flag on their house every day or on special occasions and that they would be proud to do so to which the court said that “This Court appreciates the sentiments and the solicitude of the petitioners towards their motherland.”
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