RAM SAHAI & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application under section 438 Crimial P.C. has been filed by accused petitioners Ram Sahai and Rajendra in FIR No. 99/06 registered at Police Station Srimadhopur (Sikar) for offence(s) under section 341, 323, 325 and 308 IPC.

(2.) Heard Learned counsel for the petitioners, learned Public Prosecutor for the State, learned counsel for the complainant and perused the case diary and the material produced during the course of arguments.

(3.) Learned counsel for the petitioners contended that the land in dispute is a joint property of the complainant and accused parties and civil litigation is pending before the revenue court which passed status quo order but on the date of incident ne complainant party forcefully started felling down the trees on the disputed land and when the accused persons opposed for the same, they were beaten up by the complainant party. It was also submitted that earlier FIR No. 98/06 was registered on the same date in the same police station by the accused party and later on this cross FIR has been lodged by the complainant party. It was further contended that no person of the complainant party sustained grievous injury.