- (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:- "Meanwhile, petitioner is directed to appear before investigation officer on 10.06.2005 at 10.00 a.m. and also on any other date(s), as directed by the investigating officer and she shall fully cooperate in the investigation. However, in case she is required to be arrested, she shall be released on bail to the satisfaction of arresting officer. Further she shall not leave India without the prior permission of the trial court and shall surrender her passport, if any, before the investigating officer. Sd/-Kiran Anand Lall, 30.05.2005 Judge."
(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:- "Accused Roshni Devi has been produced by A.S.I.Sham Lal with request of police remand. At this stage, photostat copy of the order dated 30.5.2005 passed by the Hon'ble High Court has been produced by Ravinder Kumar, who also filed an affidavit that said copy was obtained on 31.5.2005 which is true and correct copy. An application for bail has also been moved by Ld.Defence Counsel. In view of the orders of Hon'ble High Court, accused is ordered to be released forthwith on interim bail till 8.9.05 or till awaiting further orders, on her furnishing personal bond in the sum of Rs.20,000/- with one surety in the like amount. The requisite bonds furnished, which have been accepted and attested.";