M.M. Singh Bedi, J. - (1.) THE petitioners seek the concession of pre -arrest bail apprehending arrest pursuant to the complaint filed by respondent No. 2 Paramdeep Kaur against them before Incharge Women Cell, Phagwara.
(2.) LEARNED counsel for the complainant has opposed the petition contending that the present petition is in the nature of blanket bail petition, whereas no FIR has been registered against the petitioners. He has placed reliance on an unreported judgment of this court in Sanjay Parmar vs State of Punjab and another (Cr.Misc. 23298 of 2009) decided on 3.9.2009, wherein an application filed by the petitioner seeking the concession of pre -arrest bail or in the alternative issuance of 5 days notice in case of registration of an FIR on the basis of a complaint filed by respondent No. 2, the petition was dismissed observing that no strong and special circumstances exist for giving direction to the respondent -State for advance notice before effecting his arrest in the case. He has also placed reliance on Naresh Kumar vs State of Punjab and another (Cr. Misc. M 18950 of 2009) decided on 16.2.2010. In the said case the petitioner had sought a direction u/s 482 Cr.P.C. to the respondents for giving 7 days prior notice in case any cognizable offence is registered against him on the basis of complaint moved by respondents 8 to 13. The petition was dismissed on the ground that it was not pleaded in the petition that the petitioner had a reason to believe that he may be arrested on accusation of committing a non bailable offence. I have considered the facts and circumstances of the case. It is an admitted fact that a complaint has been filed by respondent No. 2 before the Incharge Women Cell, Phagwara. The parties have been summoned by the women cell to enquire into the allegations of respondent No. 2. No doubt, the petitioners cannot evade the inquiry, which is pending before the Women Cell but at the same time, their constitutional right of life and liberty has to be protected as the life and liberty of a person cannot be infringed except by due process of law. The petitioners can be arrested on the basis of the complaint filed by respondent No. 2, which admittedly is pending, in case prima facie the allegations of respondent No. 2 are found to warrant registration of a case and arrest of the petitioners. The chances of registration of FIR for cognizable offence u/s 406/498 -A IPC cannot be ruled out at this stage. It cannot be said that the petitioners do not have any reasonable apprehension of arrest in a non bailable offence, on the basis of the complaint, which is pending inquiry/ investigation before the Women Cell.
(3.) ON the instructions of HC Kuldip Singh, learned State counsel has informed that the inquiry has been concluded by the Women Cell, Phagwara and the result of the inquiry is awaited.;