A bench of Justices Sanjay Kishan Kaul and Abhay S. Oka issued notice on a contempt petition filed by a nurse who was protected by its order dated 17.11.2021 calling upon the police officials of PS- Khar, Mumbai who had arrested her despite the court's order of protection from arrest.
The Supreme Court passed the following order,
"Learned counsel for the petitioner submits that despite the Order dated 17.11.2021 of this Court granting two weeks’ time to the petitioner to surrender and apply for regular bail, within two days the police authorities arrested the petitioner from the Hospital, where she works as a nurse, despite the orders being shown. On the prosecution claiming remand, orders were passed by the Additional Chief, Metropolitan Magistrate 9th Court Bandra Mumbai on 20.11.2021 refusing remand and recording that the arrest of the petitioner was not justified.
It is further stated that the complainant and the petitioner have also settled who are related."
It was argued by the advocate appearing for the contempt petitioner Mr. Bhushan M. Oza that the police authorities arrested her even after this court had protected her and a compromise had taken place between her and the complainant. It was further argued that the police arrested her within 2 days of the order being passed by the Supreme Court despite the fact that the order was communicated to them.
It has been alleged by the petitioner in the petition that an FIR no. 605/2020 came to be lodged against her at PS- Khar, Mumbai u/s 420, 465, 466, 467, 458, 471, 34 IPC and FIR no. 288/202 at PS- Tulinj.
Her anticipatory bail petition came to be dismissed by the Addl. Sessions Court, Greater Bombay and later on by Bombay High Court.
She filed an application for anticipatory bail before the Supreme Court and the following order has been passed.
"After some arguments, learned counsel for the petitioner seeks to withdraw the petition but requests for some time for the petitioner to
surrender.
The special leave petition is dismissed as withdrawn.
The petitioner to surrender within two weeks and apply for regular bail which would be considered expeditiously."
Case Details:-
CONMT.PET.(C) No. 749/2022 in SLP(Crl) No. 8553/2021
RAJESHREE DEVRAM KALE
VERSUS
POONAM PAWAR ASI & ANR.
Read the complete order on the following link:-
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