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2001 DIGILAW 322 (RAJ)

Narmada Devi v. State

2001-02-23

BHAGWATI PRASAD

body2001
JUDGMENT 1. - Heard. 2. No case for anticipatory bail is made out. The bail application is dismissed. The Investigating officer of the case was called. He was asked as to why after rejection of the first bail application by the Sessions Court on 22.11.2000, the arrest of the accused persons was not made so far. He submitted written submission. 3. The first submission is that due to pendency of anticipatory bail application before this Court, the arrest was not made. This is a bogus alibi raised by the Investigating Officer. Day in and day out during pendency of the anticipatory bail applications where there are no interim directions, arrest of the accused is being made. This is only a cover for its inefficiency and inaction. 4. The second submission is that co-accused who has been enlarged on bail is helping the accused for evading their arrest. This again shows is incompetence of the Investigating Agency that so far no steps have been taken against the accused who are interfering in process of investigation. 5. What has been reported next is that on 29.1 2001 another accused has been arrested. This Court fails to understand as to how arrest of another accused can show that Investigating Agency is going bona fidely as far as the arrest of the present petitioners are concerned. It has also been reported that a special party has been formed to arrest the accused persons on 20.2.2001. This is too late on the part of the Investigating Agency and the Superintendent of Police to show its bona fides by constituting a party. 6. The matter should be brought to the notice of the Director General of Police, Rajasthan, Jaipur. This kind of apathetic attitude of the investigating Agency towards accused persons shows either lack of bona fides or reflects their inefficiency which is not good for the Department which he is heading. He should take appropriate steps. A copy of this order be given to the Public Prosecutor for being forwarded to the Director General of Police, Rajasthan, Jaipur for further action.Order accordingly. *******