JAGAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard and perused the case diary. Land of Khasra No. 718 situated in Village Bawadi Gopinath is the bone of contention between the parties. The case of the prosecution is that the said plot was in the tenancy of the prosecution party but the accused party got their name mutated thereupon wrongly. Regarding the occurrence, the prosecution case is that when the prosecution witnesses were there on the disputed plot, the accused party reached there and opened an assault upon them causing fatal injury to Subhash (deceased).

(2.) The statements of Ramvilas Patwari, Anil informant and Gajanand were readover to me and it was highlighted that the accused party were apparently in possession of the plot in dispute and that it was the complainant party which wanted to dispossese them therefrom. It was submitted that Harphool, Kailash, Mahesh and Badri co-accused who all were attributed injuries caused to the deceased Subhash, were admitted to bail and only Jagannath co-accused who was attributed fatal blow to the deceased, was denied bail and therefore, the applications who have not been specifically attributed any injury caused to the deceased, should also be admitted to bail. On the other hand, it was submitted that vide his order dated 12.8.97 the A.C.R in a suit under section 212, Rajasthan Tenancy Act had forbidden the parties from transferring the suit property during pendency of the suit.

(3.) I have considered the rival submission and have gone through the relevant orders granting bail to the co-accused and also restraining the parties from transferring the land in dispute, during the pendency of the litigation. Looking to the fact and circumstances of the case, it is directed that the applicants (1) Hanuman Sahai, (2) Kalla alias Kalyan Sahai, (3) Sita Ram, (4) Om Prakash, (5) Shri Krishan, (6) Shrawan Kumar, (7) Jai Narayan and (8) Jagan, accused in FIR No. 76/99 Police Station Govindgarh, Distt. Jaipur shall be released on bail on their furnishing two sureties in the amount of Rs. 10,000.00 each with personal bonds in the sum of Rs. 20,000.00 to the satisfaction of the concerned court.