The Punjab High Court, in Sanjay Rai v/s State of Punjab (CRM-M-17992-2023), granted interim anticipatory bail to accused under section 295-A IPC. The judgement was presided by Honorable Mr. Justice Sandeep Moudgil.
FACTS OF THE CASE:
The petitioner had claimed himself to be an incarnation of Guru Nanak Dev, and an FIR under Section 295-A IPC was registered. It was held that the petitioner hurt the religious sentiments, honor and prestige of the Sikh Religion. Counsel for the complainant held that only the Guru Granth Sahib is worshipped as the sole guru, as per the Hukamnama issued.
JUDGEMENT:
The Court held that no offence under section 295-A was prima facie made out. As per the FIR, there was not enough material to prove the insult to the Sikh community. “However looking into the totality of the fact before adjourning the matter for further consideration, it would be appropriate at this stage, since the Court is prima facie of the view in its firm opinion that no offence under Section 295-A of Indian Penal Code is made out and the petitioner is directed to be released on interim bail in case he joins the investigation, on furnishing personal surety/security bonds to the satisfaction of Arresting Officer/Investigating Officer. The petitioner will also come present as and when called for and cooperate in investigation and shall abide by the conditions as envisaged under Section 438(2) CrPC,” was held by the court.
JUDGEMENT REVIEWED BY ARYA THAKUR.
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