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 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. Learned counsel for the petitioners vehemently contended that no case of any kind, whatsoever, is made out against the petitioners. The petitioners are the old parents-in-law, brother-in-law and sisters-in-law of the complainant, who have been falsely implicated in the present case. Learned counsel for the petitioners also contended that in the earlier petition filed by the petitioners under Section 438 Cr.P.C., vide Crl.Misc.No.M- 8021 of 2012, this court granted the protection of interim anticipatory bail to the petitioners vide order dated 21.3.2012 (Annexure P-2) . However, the said petition was withdrawn by the petitioners because they had not approached the learned court of Sessions at the first instance. This court granted liberty to the petitioners 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 petitioners 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 petitioners 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 In view of above, this petition is dismissed as withdrawn with liberty as aforesaid."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 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.;