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1984 Supreme(HP) 5

H.S.THAKUR
YOGESH SETHI – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the Petitioner(s):S/Shri Inder Singh, Kedar Ishwar and A.K. Goel, Advocates. For the Respondent(s): Shri M.R. Choudhary, A.G. for the State,

JUDGMENT

H.S. Thakur, J.—The aforesaid petitions have been filed under Section 439, Cr.P.C. on behalf of the petitioners for the grant of bail to them. Since all the petitioners are accused in the same occurrence, these petitions can conveniently be disposed of by a common order and judgment.

2. The relevant facts regarding the occurrence may be stated.

3. In his order of framing charge against the accused-persons, the learned Sessions Judge has reflected the prosecution version in short. It is pointed out that per prosecution, the case is that the building known as Pratap Niwas located in Sunny side Solan originally belonged to one Smt. Bachan Kaur It is alleged that late Itwari Lal was in possession of six rooms thereof. The remaining half portion was stated to be in possession of International Thermametre Factory who were tenants under the landlord. Later on, the said property was purchased by S/Shri Bhola Singh, Dalwara Singh, Harchand Singh Avtar Singh and Prakash Rana accused to the extent of l/5th share each, on 27th October, 1982 The mutations were attested and sanctioned on April 20, 1983. After the purchase of the said property, the accused persons wanted to evict late Shri







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