RAMESHWAR SINGH MALIK,J. - (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 petitioner 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. Learned counsel for the petitioner vehemently contended that no case of any kind, whatsoever, is made out against the petitioner. She is neither the family member nor relative of the husband of the complainant. Learned counsel for the petitioner also contended that in the earlier petition filed by the petitioner under Section 438 Cr.P.C., vide Crl.Misc.No.M-8087 of 2012, this court granted the protection of interim anticipatory bail to the petitioner vide order dated 21.3.2012 (Annexure P-5). However, the said petition was withdrawn by the petitioner because she had not approached the learned court of Sessions at the first instance. This court granted liberty to the petitioner to approach the learned court of Sessions at the first instance vide order dated 2.5.2012 and the same reads as under :- " After arguing at some length, learned counsel for the petitioner submits that he may be allowed to withdraw this petition with liberty to the petitioner to approach the court of Sessions in the first instance. Learned State counsel does not oppose the prayer. On instructions from ASI Jaswant Singh, he submits that proposal, if any, to arrest the petitioner shall be kept in abeyance for one week. In view of above, this petition is dismissed as withdrawn with liberty as aforesaid."
(3.) LEARNED counsel for the petitioner submits that in compliance of the above said order passed by this court, the petitioner approached the learned court of Sessions at Ferozepur. However, vide impugned order dated 26.5.2012 (Annexure P-8), the learned Additional Sessions Judge, Ferozepur, has declined the prayer of the petitioner 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 petitioner in not joining the investigation were wholly unwarranted. Learned counsel for the petitioner concluded by submitting that the present petition deserves to be accepted.;