Paras Sharma vs State of Punjab

Alok Singh, J.—This is a petition seeking regular bail in case FIR No. 25, dated 28.02.2011, under Sections 363/366 of the Indian Penal Code, registered at Police Station Cantt. Ferozepur, District Ferozepur.

Notice of motion.

On being asked, Mr. K.D. Sachdeva, learned Additional Advocate General, Punjab, accepts notice on behalf of the Respondent-State.

With the consent of the learned Counsel for the Petitioner, as well as, learned Additional Advocate General, Punjab, present petition is being disposed of at the admission stage.

Record reveals that a joint petition was filed by the Petitioner and Samita Sharma before this Court being Crl. Misc. No. M-6835 of 2011 seeking protection. In Crl. Misc. No. M-6835 of 2011, this Court vide order dated 04.03.2011 (Annexure P/3) has observed that Petitioner No. 1 i.e. prosecutrix is present in the Court along with her counsel. It has further been observed by this Court that Petitioner No. 1 is not ready to go with her parents as she fears that they might get her married to somebody else. This Court vide order dated 04.03.2011 has directed that meanwhile accused present Petitioner (Petitioner No. 2 in that petition) shall not be arrested or harmed in any manner in case FIR No. 25 dated 28.02.2011.

Learned Counsel for the Petitioner has vehemently argued that Petitioner was arrested by the police on 26.04.2011 stating that stay order granted on 04.03.2011 was never extended after 15.03.2011, therefore, police is free to arrest the Petitioner.

I have carefully perused order dated 04.03.2011, as well as, order dated 15.03.2011 passed by a Co-ordinate Bench of this Court in Crl. Misc. No. M-6835 of 2011.

Order dated 04.03.2011 nowhere says that interim protection was granted till the next date of listing, rather order shows that meanwhile, Petitioner shall not be arrested. Admittedly, stay order was never vacated by this Court. Arrest of the Petitioner, at the face of it, is in gross violation of the interim protection granted by this Court''s order dated 04.03.2011.

Considering the totality of the facts and circumstances of the case, present petition is allowed. Let, Petitioner be released on bail to the satisfaction of the Chief Judicial Magistrate, Ferozepur.

Mr. K. D. Sachdeva, learned Additional Advocate General, Punjab has assured that he will recommend to the Director General of Police, Punjab, to take appropriate legal disciplinary action against the Arresting Officer who has arrested the Petitioner in gross violation of the interim protection. This Court believes and trusts Mr. Sachdeva.

Let, copy of the order be forwarded to the Director General of Police, Punjab, for taking appropriate action against the Arresting Officer and shall submit his report to this Court within one month from today positively.