KISTUR CHAND & ORS. Vs. STATE

JUDGEMENT

(1.) Heard and perused the case diary. The accused-petitioners are involved in police case No. 31/89 pending investigation at P. S. Mandrial District Sawai Madhopur for an offence u/s. 379 I. P. C. The contention of the learned counsel for the accused - Petitioners is that even though they are taken as trespassers u/s. 91 of the Land Revenue Act, 1956, it was necessary for the Tehsildar to grant him time to remove his standing crops. No such time was granted to them. It was further argued that no notice u/s. 91 (3) (A) of the Act was ever given to them. The contention raised are not unfounded. It does not appear that any notice was issued by the Tehsildar to the accused-petitioners to remove the crop by them in fields Khasra No. 576, and 586. In these circumstances, it would not be improper to allow this application for anticipatory bail.

(2.) The application is allowed. The investigating officer is directed that in the event of the arrest of accused (1) Kistur Chand (2) Bhanwar Singh, (3) Bhagwat Singh and (4) Ganpat Singh in police case No. 31/89 pending investigation at P. S. Mandrial shall be immediately released on bail. The accused-petitioners are directed to make themselves available for interrogation before the investigating officer whenever and wherever required by him. Application allowed.