Bapna, J.—This is a petition under sec. 49S Cr.P.C. The accused Haridan and Hardan are being prosecuted under secs. 353 and 379 I.P.C. in the Court of S.D.M. Parbatsar. The case against them is that they assaulted the bailiff and took away the cattle which had been attached. An application for bail was submitted to the trial court but it was rejected.

The Sessions Judge of the Division being on leave, this application has been filed in this Court direct.

2. The offence under sec. 353 I.P.C. is bailable. The petitioner are said to be cultivators and the rainy season is approaching. This is, therefore, a fit case in which the petitioners can be released on bail pending trial of the case. They will be released on bail on their furnishing a bond in the sum of Rs. 250/- and one surety for the like amount each, with an undertaking to appear in court on the date of hearing on every subsequent date or whenever called upon by the court. The trial court will also have authority to take them in custody at any subsequent stage if it is necessary to do so.

3. The petition is allowed as above.

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