ROSHNI DEVI Vs. JAGJIWAN SINGH MAKHA

JUDGEMENT

(1.) The petitioner, a 70 years old widow, is second time at the doors of this Court. She had earlier filed Crl.Misc.No.30605-M of 2005 to grant her pre-arrest bail in F.I.R.No.38 dated 4.5.2005, under Sections 465, 467, 468, 474 and 120-B IPC registered at Police Station Kotwali, Nabha against her and her two sons.

(2.) The above-stated Crl.Misc. Petition came up for hearing on 30.5.2005 when the following ad-interim order was passed:-

(3.) Her counsel issued a certificate on 30/5/2005 itself (Annexure P-1) giving detailed particulars of the above-mentioned order including that the certified copy had been applied which was likely to be received in a short time. The certificate was issued so that in the event of her arrest, it could be shown to the police authorities. A certified copy of the abovestated order was issued by the copying agency of this Court on 31.5.2005 as has been shown by learned counsel for the petitioner. It is averred that though the certified copy of the order dated 30.5.2005 was very much available and shown by the petitioner at about 4.00 p.m., the respondents on 31.5.2005 at about 4.00 p.m. swooped-down forcibly upon the house of the petitioner in a Government Gypsy and took her to the police station where she was shown to have been arrested. The petitioner was produced before the Sub Divisional Judicial Magistrate, Nabha on the next day i.e. 1.6.2005 when she was released on bail by passing the following order:-