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Gurdas Maan moves HC against lower court order denying anticipatory bail

Gurdas Maan, who has been booked for allegedly hurting religious sentiments of the Sikh community, has moved the Punjab and Haryana High Court against a Jalandhar court’s order denying him anticipatory bail.

By: Express News Service | Chandigarh |
September 14, 2021 8:45:58 am
gurdas maanThe court granted interim bail to Maan subject to him joining investigation within a week. (Photo: Gurdas Maan/Instagram)

Punjabi singer Gurdas Maan, 64, who has been booked in under Section 295 (A) for allegedly hurting religious sentiments of the Sikh community, has moved the Punjab and Haryana High Court against a Jalandhar court’s order denying him anticipatory bail.

The matter is yet to come up for hearing before the HC.

In his anticipatory bail plea filed in HC, the counsel of Maan, Senior Advocate R S Cheema, Advocate Arshdeep Singh Cheema and Tarannum Cheema, have mentioned that, “Section 295 (A), IPC is invoked for deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. However, a bare perusal of the FIR shows that no offence under section 295 (A) IPC, can be said to be made out against the petitioner, as the basic ingredients of Section 295 (A) IPC, are not fulfilled. It is submitted that to fasten liability for an offence under the section, it has to be demonstrated that an act has been committed with deliberate and malicious intention, in order to outrage the religious feelings of any class of citizens and such act insults or attempts to insult the religion or the religious beliefs of that class. In the present case, the FIR prima facie fails to disclose that the essential ingredients of offence were made out.”

The petition mentions that in the present case FIR both the first part requiring insult to religion and the second part requiring the requisite malice in the utterance are missing. Even otherwise on a plain reading of the FIR, the ingredients of the offence which entail invocation of Section 295 (A) IPC are not made out in any manner whatsoever. The use of the expression “deliberate and malicious” intention reveals a deep concern of the legislation regarding the possible abuse of the provision by an overzealous complainant or administration.

In the petition, Maan’s lawyers have also mentioned that the petitioner is a Sikh by religion and is also an ardent devotee of all the Sikh Gurus and follows all the Sikh practices. As a deeply devoted Sikh the petitioner has made his humble contribution as a renowned artist. Also that petitioner is also a renowned Punjabi lyricist and has penned number of songs in honour of Sikh gurus which are hugely popular among Sikhs and Punjabis all over the globe, and he has been honoured with jury’s award by President in the year 2005.

“Petitioner has deep roots in the society and nothing in his previous conduct during the inquiry would show that he is likely to abscond. Moreover, the alleged objectionable material is already in public domain and nothing needs to be recovered from the petitioner, warranting his custodial interrogation,” mentions Maan’s plea at HC.

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