Punjab-Haryana High Court
Peter Masih Sahota vs State Of Punjab on 24 January, 2024
Author: Jasjit Singh Bedi
Bench: Jasjit Singh Bedi
Neutral Citation No:=2024:PHHC:009876
2024:PHHC:009876
CRM-M-48357-2023 (O & M) ::1::
(292)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-48357-2023 (O & M)
Date of decision:24.01.2024
Peter Masih Sahota ...... Petitioner
V/s
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Vinay Puri, Advocate,
for the petitioner.
Mr. Harkanwar Jeet Singh, AAG, Punjab.
*****
JASJIT SINGH BEDI, J. (Oral)
The prayer in the present petition under Section 438 Cr.P.C. is
for the grant of anticipatory bail to the petitioner in case FIR No.86 Dated
13.07.2023 under Sections 406, 420 IPC and Section 13 of the Punjab Travel
Professionals (Regulation) Act, 2014 registered at Police Station Kartarpur,
District Jalandhar.
2. The brief facts of the case are that a complaint was filed by one
Sharanpreet Kaur daughter of Baldev Singh and reads as under:-
"12. First Information contents (Attach separate sheet, if
necessary):
Complaint No 1065-PTM Dt 20.03.2023 To the service of
Honourable SSP Sahib Ji, Jalandhar Rural Subject - complaint
against agent Peter Sahota resident of village Beta Jalandhar
(8-99144-64357) Agent Sakattar Singh Bhullar (MO-98142-
34044) Regarding defrauding a resident of Firozpur of
Rs. 60,00,000/- in the name of sending me abroad. Sir, I request
that I Sharanpreet Kaur, daughter of Baldev Singh, is the
resident of Dheerpur, Jalandhar, Punjab 144803, the incident is
that I had wanted to go to America for a long time. Regarding
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which I spoke to agent Sikandar Singh Bhullar resident of
Ferozepur. Many of my family members have gone out due to
this agent. Then he introduced me to an agent named Peter
Sahota. The said agent Peter Sahota told me that he will send
you to America properly via Europe, the total cost of which he
told me was 32 lakhs. I and my family gave consent to the said
agent to proceed with the visa process. That after some time he
got my biometrics done. After which he said that your refusal
has arrived. He said that now I will send you via Dubai. Then
the said agent booked my Dubai ticket for 29th March 2022 and
sent me to Dubai. 26 days after reaching Dubai, the said agent
sent me to Baku, Azerbaijan on 26th April. From Baku, the said
agent again sent me to Turkey via Delhi on 25th May. After
reaching Turkey, the said agent kept me at the Turkish airport
for about 3 months. Where I faced a lot of difficulties. After so
much trouble, the said agent sent me to Serbia after 3 months.
After going to Serbia, I stayed for at least 20 days. The said
agent told me to send you via flight to Mexico, which he did not
do. That instead of sending me to Mexico, he got me booked
through Hungary and Austria through doki I faced a lot of
difficulties even. After crossing the border of Austria my docker
told my agent about the donkey fee of Rs 4.5 lakh, but the said
agent refused to pay him the money. After which my docker beat
me badly. The said decker got angry and got me raped by his
associates. My family came to my rescue and got Rs 9 lakh 25
thousand from that agent so that I could cross the border of
Austria. After I crossed the border, the said agent demanded
another Rs 1.25 lakh from my family, which my family
transferred to him in the bank. I reached Austria on 2nd August
2022 and after staying there for two days, the said agent sent
me to Germany on 4th August 2022. As soon as I reached
Germany, the police there arrested me and when they searched
me, they found fake German documents which were given to me
by the said agent. Due to having fake documents, the German
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police said that we will prosecute you or you can pay the fine
and go back to India. To get my bail from the German airport,
my family paid the fine which was 7600 Euros (7,00,000/-
Rupees) but I returned to India on 16-03-2023. I felt so sad that
even after I and my family paid Rs. 40,00,000/-, I still did not
reach America. After returning. I went to the house of the said
agent Peter Sahota on the evening of 17.02.2023 and I went to
his house and made a lot of noise, abused and even broke the
glass but the said agent came out. That in this regard the said
agent Peter Sahota lodged an application at Jamsher police
station against me by saying that I had gone to his house and
abused him and broke his property. ASI of Jamsher police
station has hand in gloves with the said agent and he is also
threatening me that I will be locked in Jail by him. The police
administration is not listening to me. Even after I paid Rs 40
lakh, I was not sent to America by the said agents. That agent
Sikandar Singh Bhullar resident of Firozpur had also applied
for my PR of Canada in the year 2018. For which he took Rs.
12,00,000/- from me and said that your PR has been filed. But
the next day he said that the agent has kept your passport and
you should get a new passport made. We spent Rs 3,00,000/-
and got new passports made. That now both the said agents are
threatening me and my family with causing harm to my life and
property and if any incident happens to me or my family, then
the said agents will be held responsible. Therefore, I request
you to take the strictest action against the said agents and
return the total amount due to me, which is Rs. 60,00,000/-, and
provide me justice. I will be thankful to you. Your well-wisher.
SD-Sharanpreet Tatt".
3. Based on the aforementioned complaint, an enquiry was marked
to DSP (Headquarters), Jalandhar (Rural) and the relevant extract of the
same is as under:-
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"The enquiry conducted by me so far in respect to the
application, the allegations against Sakattar Singh Bhullar son
of Piara Singh, resident of Navi Abadi, Zira Gate, Police
Station City Ferozpur, District Ferozpur for committing
cheating of Rs. 12 lakh with the applicant Sharanpreet Kaur for
sending her and her family to Canada are proved and
thereafter, the cheating of Rs. 31,48,000/- on the false
inducement of sending applicant Sharanpreet Kaur to America
in connivance with the respondent Peter Sahota son of Bachan
Masih, resident of Dheena, Police Station Sadar Jamsher,
Jalandhar Commissionerate is also proved. If approved,
directions may be issued for the registration of the case under
section 406, 420 IPC and Section 13 Punjab Travel
Professionals Regulation Act 2014 at Police Station Kartarpur
against Sakattar Singh Bhullar son of Piara Singh, resident of
Navi Abadi, Zira Gate, Police Station City Ferozpur, District
Ferozpur and Peter Sahota son of Bachan Masih, resident of
Dheena, Police Station Sadar Jamsher, Jalandhar
Commissionerate. Beside that, no facts were found relating to
the making of the physical relation with the applicant
Sharanpreet Kaur. The money which was given by the applicant
Sharanpreet Kaur to the various agent on saying of the
respondent Peter Sahota or she had spent on her living in the
various countries or other expenses borne by the applicant is
required to investigated during the investigation."
4. The learned counsel for the petitioner contends that the
petitioner had been falsely implicated in the present case. The incident
complained of pertained to the year 2022 but the present FIR came to be
registered much later on 13.07.2023. The attempt was to blackmail the
petitioner. It was the complainant who had come in contact with human
traffickers with a view to travel abroad illegally. The petitioner had not
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allured her (complainant) in any manner. In fact, he was an agriculturist and
not a travel agent. As the petitioner was ready and willing to join the
investigation, he was entitled to the concession of anticipatory bail.
5. The learned counsel for the State, on the other hand, while
referring to the reply dated 30.10.2023 contends that the petitioner alongwith
his co-accused Sakattar Singh Bhullar had cheated the complainant and her
family members of a huge amount of money. The allegations against the
accused were serious in nature pertaining to human trafficking. Offences of
this kind were on the rise where innocent persons were misled into parting
with their hard-earned money and thereafter, sent abroad illegally on forged
documents. In fact, the trafficked person is arrested, as in the present case,
and deported. She was also subjected to inhuman treatment. The petitioner
was also involved in multiple cases of a similar nature. As the offence was
prima facie established against him, recovery of Rs.40,00,000/- is to be
effected from him and the investigation is to be taken to its logical
conclusion, he was not entitled to the concession of anticipatory bail.
6. I have heard the learned counsel for the parties.
7. The Hon'ble Supreme Court in the case of 'Sumitha Pradeep
Vs. Arun Kumar C.K. & Anr. 2022(4) RCR (Criminal) 977', has held that
merely because custodial interrogation was not required by itself could not
be a ground to grant anticipatory bail. The first and the foremost thing the
Court hearing the anticipatory bail application is to consider is the prima
facie case against the accused. The relevant extract of the judgment is
reproduced hereinbelow:-
"It may be true, as pointed out by learned counsel
appearing for Respondent No.1, that charge-sheet has already
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been filed. It will be unfair to presume on our part that the
Investigating Officer does not require Respondent No.1 for
custodial interrogation for the purpose of further investigation.
Be that as it may, even assuming it a case where
Respondent No.1 is not required for custodial interrogation, we
are satisfied that the High Court ought not to have granted
discretionary relief of
anticipatory bail.
We are dealing with a matter wherein the original
complainant (appellant herein) has come before this Court
praying that the anticipatory bail granted by the High Court to
the accused should be cancelled. To put it in other words, the
complainant says that the High Court wrongly exercised its
discretion while granting anticipatory bail to the accused in a
very serious crime like POCSO and, therefore, the order passed
by the High Court granting anticipatory bail to the accused
should be quashed and set aside. In many anticipatory bail
matters, we have noticed one common argument being
canvassed that no custodial interrogation is required and,
therefore, anticipatory bail may be granted. There appears to
be a serious misconception of law that if no case for custodial
interrogation is made out by the prosecution, then that alone
would be a good ground to grant anticipatory bail. Custodial
interrogation can be one of the relevant aspects to be
considered along with other grounds while deciding an
application seeking anticipatory bail. There may be many
cases in which the custodial interrogation of the accused may
not be required, but that does not mean that the prima facie
case against the accused should be ignored or overlooked and
he should be granted anticipatory bail. The first and foremost
thing that the court hearing an anticipatory bail application
should consider is the prima facie case put up against the
accused. Thereafter, the nature of the offence should be
looked into along with the severity of the punishment.
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Custodial interrogation can be one of the grounds to decline
custodial interrogation. However, even if custodial
interrogation is not required or necessitated, by itself, cannot
be a ground to grant anticipatory bail."
8. A perusal of the complaint and the enquiry report of the DSP
(Headquarters), Jalandhar (Rural) culminating in the FIR in question would
show that the petitioner and his co-accused Sakattar Singh Bhullar have
cheated the complainant and her family members of a huge amount of
money on the pretext of sending her abroad. She was arrested, ill-treated at
various stages of her travel and was subsequently deported. The allegations
levelled against the petitioner and his co-accused are indeed serious in
nature. In order to facilitate a fair and thorough investigation, the custodial
interrogation of the petitioner is certainly necessary. Even otherwise, as the
offence stands prima facie established from the record, no ground for the
grant of anticipatory bail is made out.
9. In view of the above, I find no merit in the present petition.
Therefore, the same stands dismissed.
10. However, it is made clear that the observations made in this
order are only for the purpose of deciding this bail application and the Trial
Court is free to adjudicate upon the matter on the basis of the evidence lead
before it uninfluenced by any such observations made.
( JASJIT SINGH BEDI)
JUDGE
January 24, 2024
sukhpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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