Punjab and Haryana High Court: In an anticipatory bail application filed by Manjinder Singh, also known as Manjinder Makha, the author of the book “The Real Reason Why Legend Died” (‘the book’) written about the death of Sidhu Moosewala, for an FIR registered under Section 356(3) of Bharatiya Nyaya Sanhita, 2023, a Single Judge Bench of Sandeep Moudgil, J., allowed the application holding that there was no valid or cogent reason to deny the bail as the book was a legitimate personal account or homage to Sidhu Moosewala, written by someone who knew him personally.
Background
The FIR was lodged by Balkaur Singh, father of the deceased singer Sidhu Moosewala, against Manjinder for writing and publishing a book titled “The Real Reason Why Legend Died” as well as appearing in videos/ podcasts/ reels regarding the book. The contention was that the contents of the book and other media were defamatory, incorrect, and misleading. Moosewala’s father contended that Manjinder never sought any permission from him or his family for the book. He also contended that his personal information had been published directly and indirectly, as well as sensitive information regarding his son’s murder while the trial was still ongoing.
Analysis and Decision
The Court stated that there was no valid or cogent reason to deny the bail to Manjinder as the book was a legitimate personal account or homage to Sidhu Moosewala, written by someone who knew him personally, and it was not a case of intellectual property theft. Moreover, as per the translated extract of the book, there was nothing offensive or derogatory, and the statements made were within the bounds of legitimate criticism. The Court stated that every citizen was guaranteed the freedom of speech and expression under Article 19(1)(a) of the Constitution, though this right had to be exercised within reasonable restrictions enshrined under Article 19(2).
The Court highlighted that at the time of granting the bail, the Court had to only see whether prima facie allegations seemed to be true and not to see other and additionally overwhelming circumstances.
The Court noted that there were bona fide intentions and willingness to join the investigation and cooperate with the investigation. Thus, anticipatory bail was granted to Manjinder, subject to his joining the investigation within one week or furnishing personal/surety bonds to the Investigating Officer’s satisfaction. The Court also directed that Manjinder should abide by the terms and conditions as envisaged under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
[Manjinder Singh v. State of Punjab, CRM-M No. 8573 of 2025, decided on 14-02-2025]
Advocates who appeared in this case :
For the petitioner: R. Kartikeya and Kartik Patyal
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