DHIRENDRA MISHRA, J. - (1.) THE applicants have preferred this application under section 439 of the Code of Criminal Procedure for grant of bail as their application for regular bail has been rejected by the learned Sessions Judge, Ambikapur by the impugned order dated 3-1-2005.
(2.) CASE of the prosecution is that complainant Phulkumari lodged a complaint on 5-9-2004 to the effect that on 24-5-2002 the applicants got a sale deed executed in respect of land bearing Khasra No. 298/5 area measuring 290 hectare in place of land bearing Khasra No. 309 area measuring 10 decimal and on the basis of said complaint Crime No. 174/2004 was registered against them at Police Station Lakhanpur for the offences punishable under sections 420, 467, 468 and 471 of the IPC. The applicants apprehending their arrest in the above crime number preferred an application under section 438 of the Cr.P.C. for grant of anticipatory bail before the Sessions Court, Ambikapur which was rejected. Thereafter the applicants preferred application under Section 438 of Cr.P.C. before this Court which was registered as M.Cr.C. No. 2400/2004 and this Court vide order dated 16/11/2004 allowed the same and granted anticipatory bail to the applicants. However, the said order was to remain in force for a period of two months from the date on which it was passed and the applicants were given liberty to approach the competent Court during the aforesaid period of two months for regular bail under Section 439 of Cr.P.C. to be decided on its own merits.
(3.) THE applicants were arrested in connection with the aforesaid offence on 12-12-2004 but however they were not taken into custody because of the protective umbrella granted by this Court. Thereafter the charge sheet was filed on 24-12-2004 by the police before the CJM, Ambikapur and the application for regular bail under Section 437 of the Cr.P.C. preferred by the applicants was rejected.;