High Court releases Harmeet Singh Pathanmajra on bail amidst allegations of deceitful marriage and sexual exploitation, emphasizing conditional release to prevent interference with complainant.
In a significant judgment, the Punjab and Haryana High Court has granted regular bail to Harmeet Singh Pathanmajra, a Member of the Legislative Assembly (MLA) from Sanour, amidst serious allegations of deceitful marriage and sexual exploitation. The case, which has garnered considerable attention due to the political stature of the accused, was decided by Justice Tribhuvan Dahiya on May 29, 2026.
The petitioner, Harmeet Singh Pathanmajra, was accused under several sections of the Indian Penal Code, including Section 420 (cheating), 376 (rape), 506 (criminal intimidation), and others, with corresponding sections under the Bharatiya Nyaya Sanhita, 2023. The allegations stem from a complaint by a divorced woman who claimed that Pathanmajra, under the pretense of being divorced, had maintained a physical relationship with her, later solemnizing an allegedly deceitful marriage.
Despite the gravity of the allegations, the court granted bail considering several factors. The court highlighted that the complainant's allegations of threats and pressure were not substantiated. Furthermore, there was no requirement for custodial interrogation of the accused. The judgment also considered the lack of evidence of harassment or intimidation towards the complainant, which was a pivotal factor in the decision to grant bail.
The court noted the petitioner’s previous absconding, during which he allegedly traveled internationally, but emphasized that his voluntary return and arrest mitigated the flight risk. The court imposed stringent conditions for the bail, including the surrender of the petitioner's passport and regular reporting to the police station. The order also stipulated that the petitioner must not contact the complainant or any witnesses directly or indirectly.
This case has been notable not only for the political implications but also due to the prior similar allegations made by the complainant against another individual, which had resulted in an acquittal. The court took into account the prolonged relationship between the petitioner and the complainant, questioning the believability of the complainant's ignorance of the petitioner's marital status.
The ruling underscores the court's cautious approach in balancing the rights of the accused with the need to prevent any potential interference with the complainant or the judicial process.
Bottom Line:
Bail granted to accused MLA despite absconding from the process of law, considering the facts and circumstances of the case, lack of substantiation of threats to complainant, and absence of custodial interrogation requirements.
Statutory provision(s): Indian Penal Code Sections 420, 376, 506, 376(2)(n), 494, 495; Bharatiya Nyaya Sanhita, 2023 Sections 318(4), 64, 351(2)/(3), 64(2)(m), 82(1), 82(2).
Harmeet Singh Pathanmajra v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2911945
