DINESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail in FIR No.195 dtd. 16/4/2019 under Sec. 379 of the Indian Penal Code (for short 'IPC'), registered at Police Station Hodal, District Palwal.

(2.) Learned counsel for the petitioners submits that as per allegations in the FIR, got registered by complainant Ravi Dutt Sharma, it is stated that he is in possession of 59 kanals 13 marlas of land and the accused persons have forcibly cut his standing crops and have taken away the same by committing the offence of theft. It is further stated that the accused persons namely Bhogi, Dinesh Kumar, Harsh Kumar, Tirlok and Mange Ram are having criminal background and they are involved in a case under Sec. 302 IPC.

(3.) On 17/5/2019, while issuing notice of motion and granting interim anticipatory bail to the petitioners, it was noticed that vide order dtd. 21/2/2017, the Civil Court had passed an order of status quo regarding the possession and therefore, it will be a debatable issue as to who was in possession of the property. Learned counsel for the petitioners has argued that in fact the land is un-partitioned and the petitioners are in possession of the property.