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1992 Supreme(Raj) 889

N.L.TIBREWAL
Gyarsa – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - Learned counsel for the petitioners has shown me, the entries from the revenue record and submitted that there is a bona fide dispute about the land in question, in as much as, the petitioners were cultivating the land.

2. Without expressing any opinion about the merits of the case, but taking into consideration all the facts and circumstances. I think that it is a fit case for grant of Pre-arrest bail U/S. 438 Cr.P.C. to the petitioner.

3. It is ordered that the petitioners viz. (1) Gyarsa S/o Panchyat, (2) Moolya S/o Gyarsa, (3) Nathaya S/o Budha, (4) Shankar S/o Budha, (5) Moolchand S/o Raghunath, (6) Payar Singh S/o Lohadaya, (7) Sardar S/o Payar Singh and (8) Kailash S/o Payar Singh, if sought to be arrested by the SHO, PS - Manpur in FIR No. 217/92, they shall be released on bail. Provided cash of them furnishes a personal bond in the sum of Rs. 5,000/- (Rs. five thousands) with one surety in the like amount to the satisfaction of the SHO concerned to appear before him for interrogation/inquiry whenever required.

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