LAWS(P&H)-2012-6-40

PREM NATH GULATI Vs. STATE OF PUNJAB

Decided On June 07, 2012
Prem Nath Gulati Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) APPLICATION is allowed subject to just exceptions. Crl.Misc. Application stands disposed of.

(2.) THE instant petition under Section 438 of the Code of Criminal Procedure ('Cr.P.C.' for short) has been filed by the petitioners seeking pre- arrest bail in FIR No.255 dated 7.12.2011 under Sections 498-A, 406,506,120-B of the Indian Penal Code ('IPC' for short) registered at Police Station City, Ferozepur, Distt. Ferozepur.

(3.) LEARNED counsel for the petitioners submits that in compliance of the above said order passed by this court, the petitioners approached the learned court of Sessions at Ferozepur. However, vide impugned order dated 26.5.2012 (Annexure P-14), the learned Additional Sessions Judge, Ferozepur, has declined the prayer of the petitioners for anticipatory bail proceeding on wholly misconceived approach. It was also contended that the observations made by the learned Additional Sessions Judge about the conduct of the petitioners in not joining the investigation were wholly unwarranted. Learned counsel for the petitioners concluded by submitting that the present petition deserves to be accepted.