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1991 Supreme(Raj) 986

RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.R.Calla, J.
Omprakash s/o Shri Ramswroop Gupta & Ors. - Appellants
Versus
State of Rajasthan - Respondent
S.B. Cr. Misc. Bail Appln No. 4181 of 1991.
Decided On : 16-12-1991

Granting anticipatory bail in cases involving disputes between co-tenants.

Headnote:

Anticipatory Bail - Co-Tenants Dispute - The court granted anticipatory bail to the petitioners in a case involving a dispute between co-tenants, directing them to comply with certain conditions.

Fact of the Case:

The dispute is between co-tenants, and cross cases have been filed. An FIR was lodged from the petitioner's side, and two grievous injuries were sustained by a co-accused.

Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted anticipatory bail to the petitioners.

Issues: Dispute between co-tenants, filing of cross cases, and injuries sustained by a co-accused.

Ratio Decidendi: Granting anticipatory bail in the facts and circumstances of the case.

Final Decision: The petitioners were granted anticipatory bail with specified conditions.

JUDGMENT

1. - Shri Biri Singh submits that the dispute is between the co tenants and cross cases have been Sled. Shri Biri Singh has submitted that from the petitioner's side also simultaneously an FIR was lodged and two grievous injuries have also been sustained by Ram Swaroop who is co-accused in the case.

2. In the facts and circumstances of the case, without expressing any opinion on the merits of the case, 1 am inclined to grant anticipatory bail to the petitioners.

3. The SHO/Arresting Officer/Investigating Officer, Police Station Kotwali, Alwar in FIR No. 949/1991 is therefore, directed that in the event of petitioners (1) Om Prakash son of Ram Swaroop Gupta (2) Madan Lal s/o Ram Swaroop Gupta, both residents of Shakkappa, Mohalla Rangbha-riyan ki Gali, Alwar; (3) Jagdish Prasad son of Ram Swaroop Gupta, r/o House of Bhagwan Sahai, Mohalla Rang Bhariyan Ki Gali, Alwar and (4) Shri Krishna son of Makkhanlal, r/o Malan ki Gali, Alwar, they shall be released on bai, provided each of them furnishes a personal bond in the sum of Rs. 10.000/- (Rupees ten thousand) with two sureties of Rs. 5000/-(Rupees five thousand) each to his satisfaction, on the following conditions :

1. that the petitioner shall make themselves available for interrogation by a police officer as and when required;

2. that the petitioner shall not directly, or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court, or any police officer; and

3. that the petitioner shall not leave India without the previous permission of the Court.
Bail granted.

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