Decided on February 04,2008

Urmila Mandavi Appellant
State Of C G Respondents


SUNIL KUMAR SINHA,J. - (1.):- Heard. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicants, who are apprehending 1 heir arrest in connection with Crime No. 98/2002, registered at Police Station-Bijapur, District Dantewara (CG) for the offence punishable under Sections 420, 467 and 468 of the IPC.
(2.)THE brief facts are that on 30.11.2002, these two applicants, who are working as Assistant Teachers, produced a transfer order before the Block Education Officer Mr. J.P. Dani. The Block Education Officer suspected that the order was a forged order, therefore, he directed them to go to the Collector. When they went to Collector, an enquiry was conducted and in that enquiry it was found that in fact the order was fake.
Learned counsel for the applicants argues that the matter relates to the year 2002 and the police is trying to arrest the applicants in the year 2008. He argues that in fact, this transfer orders was handed over to the applicants by another Asstt. Teacher and in all bonafides, they had gone for compliance of the order and in fact, this was not within the knowledge of the applicants that the said order was a forged order. He submits that now the applicants are posted at a different place and if they are arrested, their services will be jeopardized. He further submits that in fact, the applicants themselves were defrauded by a third person and they should not be punished for the same. He prays for releasing the applicants on anticipatory bail.

(3.)ON the other hand, learned counsel for the State opposes the bail application. On the last date of hearing, looking to the delay in arresting the accused persons and further that the charge-sheet has not been filed till date, this Court has enquired from the Govt. Advocate and the Govt. Advocate had taken time to explain the situation by calling the officer of the concerned police station. He submits that though the information was sent but no police officer could come to the High Court, therefore, he is not able to explain the situation. On this, Mr. A.S. Gaharwar, Additional Advocate General, who was called in Court, has informed that he had talked with the Superintendent of Police, who informed him that since the applicants were posted in different District, therefore, the arrest could not take place.

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