The Punjab and Haryana high court on Monday cleared the way for the release of Ludhiana legislator Balwinder Singh Bains from judicial custody.
The high court set aside the order passed by the Ludhiana executive magistrate whereby Bains had been asked to submit bail surety bonds by a gazetted officer. The HC, while disposing of the petition filed by Balwinder’s younger brother, directed the executive magistrate concerned to accept the bail bonds of private persons and also allowed Bains to furnish bail bonds on April 28, two days ahead of April 30 date fixed by the executive court for next hearing.
Ludhiana MLA’s brother Karamjeet Singh Bains had approached the HC last week alleging Balwinder’s “illegal” detention by the police. The petitioner had contended that the executive magistrate had refused to accept the bail bonds. The petitioner had submitted that his MLA brother was detained on April 17 by the police and booked under Sections 107 (security for keeping the peace in other cases) and 151 (arrest to prevent the commission of cognizable offences)of the Code of Criminal Procedure, 1973. He was lodged in the Ferozepur jail.
Balwinder was arrested on April 17 for reportedly launching a “satyagraha” (agitation) against the sand mafia in Ludhiana. The commissioner of police in his reply on Monday refuted the allegations and submitted that Bains was arrested as he was found instigating his supporters to carry out illegal extraction of sand. His action caused serious breach of peace and tranquillity and there were apprehensions of untoward incident in the public place, the police commissioner submitted.
Bains was produced before the executive magistrate, who ordered him to furnish bail bonds with surety by a gazetted officer.