Advocates:
['ASHVIN GARG', 'P P', '', 'ARVIND KUMAR SHARMA']

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B. Criminal Miscellaneous Bail Application No.

3694 / 2017

1. Munesh S/o Ramswaroop,

2. Mohanlal S/o Bishan,

Both B/c Meena, R/o Gopalpura, Police Thana Todabheem,

District Karauli, Raj.

(Presently Confined in District Jail, Karauli).

----Petitioners/Accused

Versus

State of Rajasthan Through P.P.

----Respondent

_____________________________________________________

For Petitioner(s) : Mr. Ashvin Garg

For Respondent(s) : Mr. Arvind Kumar Sharma

Public Prosecutor : Mr. NS Dhakad

_____________________________________________________

HON'BLE MR. JUSTICE BANWARI LAL SHARMA

Order

10/03/2017

The present Misc bail application under section 439

Cr.P.C. is preferred by the Accused/ petitioners Munesh and

Mohanlal in the matter of FIR No. 257/2016 registered at

Police Station Todabheem, District Karauli for offences

punishable under Sections 147, 148, 149, 341, 323, 324,

325, 447, 308 and 302 IPC.

Learned Counsel for petitioners Mr. Ashvin Garg

submits accused party entered into agreement to sale of the

disputed land from complainant party and paid Rs. 60,000/-

(2 of 4)

[CRLMB-3694/2017]

and previously ploughed mustard crop on the disputed land

thereafter, accused party tried to ply the field for Bajra crop

than complainant party obstructed in it and started quarrel in

which 6 persons of accused party sustained several injuries

including grievous injuries for which FIR No. 258/2016 was

lodged by Prem Singh co-accused at Police Station Todabhim,

District Karauli on 25.06.2016 for offence punishable under

Sections 143, 323, 341, 447 and 307 IPC, complainant party

also lodged cross FIR being FIR No. 257/2016 for offence

punishable under Sections 143, 323, 447 and 307 IPC against

the accused party, after 6 days of the incident Batu Lal, a

person of complainant party expired, the cause of death of

Batu Lal in his post mortem is shown as anti mortem head

injury no. 1 and 2 which is attributed to co-accused Nahar

Singh. He submits that no overtact is assigned to present

petitioners, Mohan Lal sustained 12 injuries out of which 4

injuries are grievous and petitioner/accused Munesh

sustained 4 injuries out of which 2 injuries are grievous. He

submits that the aggressive party is complainant party who

creat obstruction in ploughing the field by accused party,

investigation has been completed, petitioners are in custody

since 12.10.2016, therefore petitioners may be released on

bail.

Learned Public Prosecutor Mr. NS Dhakad opposed

the bail application and fairly conceded that the fatal injuries

(3 of 4)

[CRLMB-3694/2017]

are attributed to co-accused Nahar Singh, no overact is

assigned to present petitioners.

Learned Counsel for complainant Mr. Arvind Kumar

Sharma also opposed the bail application and submitted that

complainant party purchased the land in dispute and as per

Moka report of Tehsildar, complainant party was in possession

but the aforesaid documents is not a part of challan.

I have considered the submissions made at bar.

On consideration of submissions made on behalf of

the respective parties and the material made available for my

perusal, since no specific role is assigned to present

petitioners and there is cross case against the complainant

party for offence under Section 307 IPC and fatal injuries are

attributed to co-accused Nahar Singh, therefore without

expressing any final opinion on the merit and de-merit of the

case and considering the overall facts and circumstances of

the case, I am inclined to grant benefit of bail to the accused-

petitioners Munesh and Mohanlal.

Consequently, the bail application filed under

Section 439 Cr.P.C. of accused-petitioners Munesh and

Mohanlal is allowed.

Therefore, it is ordered that the accused-petitioners

Munesh and Mohanlal in FIR No. 257/2016 registered at

(4 of 4)

[CRLMB-3694/2017]

Police Station Todabheem, District Karauli, shall be rele