Punjab-Haryana High Court
Mohammad Anwar vs State Of Punjab on 12 February, 2021
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
1
CRM-M-6554-2021 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
102
CRM-M-6554-2021 (O&M)
Date of Decision: 12.02.2021
Mohammad Anwar ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present: Mr. Digvijay Nagpal, Advocate, for
Mr. Paramvir Singh, Advocate, for the petitioner.
Mr. Yashpal Thakur, Advocate, for the complainant.
(proceedings conducted through video conferencing)
GURVINDER SINGH GILL, J. (Oral)
1. The petitioner has approached this Court seeking grant of anticipatory bail in respect of a case registered against him vide FIR No.0105 dated 01.08.2020 at Police Station Amloh, District Fatehgarh Sahib, under Sections 420, 406 and 120-B IPC.
2. The FIR in question was lodged at the instance of Malkit Singh, wherein it is alleged that he had served 17 years in Army and thereafter for another 22 years in CRPF and had retired in the year 2013. His unmarried daughter Pawanjot Kaur used to remain unwell since her childhood. Upon someone's advice, he contacted Anwar Khan, Occultist, in February, 2019, who had been practicing black magic and his son Buta Khan, his wife and his sister Javeda were assisting him. When the complainant contacted 1 of 3 ::: Downloaded on - 13-02-2021 21:13:32 ::: 2 CRM-M-6554-2021 (O&M) aforesaid Anwar Khan, he stated that he would visit the house of the complainant and after visiting the house, he told the complainant that his daughter was being possessed by hundreds of demon and ghosts and in case she is not treated soon, they could even ruin the entire family and thus after creating a scare, he induced the complainant to get his daughter treated and asked him to arrange for an amount of Rs.7,50,000/-. It is alleged that thereafter the complainant paid the aforesaid amount in various installments on various occasions when the accused alongwith other accused performed black magic. However, the complainant's daughter did not recover and when he asked the accused to return the amount, he gave evasive replies and ultimately refused to return the amount.
3. Learned counsel for the petitioner has submitted that a false FIR has been lodged against the petitioner and there is no evidence worth credence to the effect that the petitioner and other members of his family indeed indulged in practicing black magic.
4. I have heard learned counsel for the petitioner.
5. There are very specific and categorically allegations levelled in the FIR. Such like practices of deceiving innocent people on the basis of superstitions or by professing some kind of magical power certainly cannot be encouraged and the entire matter needs to be probed thoroughly for which custodial interrogation of the petitioner would be required. As such, this Court does not find any special ground for grant of concession of anticipatory bail to the 2 of 3 ::: Downloaded on - 13-02-2021 21:13:33 ::: 3 CRM-M-6554-2021 (O&M) petitioner particularly since the petitioner had withdrawn his petition earlier.
6. The petition is sans merit and is hereby dismissed.
12.02.2021 (GURVINDER SINGH GILL)
Vimal JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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