FAZRU AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Fazru and eight others seek pre-arrest bail in a case registered by way of FIR No. 44 dated 17.3.2009 at Police Station Nagina, District Mewat for an offence punishable under sections 379, 447 and 506 of Indian Penal Code.

(2.) Learned counsel for the petitioners has submitted that the dispute between the parties is regarding harvesting of crop from killa No. 4/2 of rectangle No.18 measuring 7 kanals 2 marlas. According to him, the complainant and the petitioners had a joint holding, which was partitioned by Assistant Collector Ist Grade vide his order dated 21.2.1989. According to him, this partition was upheld upto the Financial Commissioner and, thereafter, entry was made in the rapat roznamcha dated 1.5.1994 delivering possession of the land as per the partition deed. According to him, the land in question fell to the share of the petitioners and as they are in possession of the same, they have committed no offence in harvesting the crop.

(3.) Learned State counsel has admitted that the petitioners have joined the investigation. He has, however, submitted that recovery of the crop could not be effected from them.