SATWANT SINGH Vs. MALKEET SINGH

JUDGEMENT

(1.) This is a case where the appellant was punished for civil contempt as defined under Section 2(b) of the Contempt of Courts Act, 1971.

(2.) Both the learned Single Judge and the Division Bench have taken the view that once the respondent had been granted interim bail under Section 438, Cr.P.C. as per order dated 17.02006, his arrest on 26.05.2007 on a charge which has been later on added under Section 307, IPC constitutes contempt.

(3.) We find that this addition of charge is based on a subsequent investigation on the direction issued by the Senior Superintendent of Police after disposal of the Section 438 petition by the High Court and the arrest also was carried out on his instruction. It is significant to note that when the FIR was originally registered Section 307 had been included. It was deleted based on the instruction of a superior officer. After such deletion only, the respondent approached the High Court.