NANU RAM AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. The parties appear to be in litigation before the revenue and criminal courts in respect of Khasra No. 1375. In proceedings under section 145/146 Crimial P.C. 11 Bighas 14 Biswas of land of Khasra No. 1375 appears to have been attached and the Tehsildar appointed a Receiver thereof. The Tehsildar is stated to have taken possession of the attached property on 5.11.98 and entrusted Supurdgi thereof to the Halka Patwari. It is alleged that by 5.11.98, Gram crop had already been sown in the said field. Such crop was dishonestly removed by the present applicants on 22.3.99. On a report lodged by the Patwari, Crime No. 43/99 under section 457, 379 Penal Code stands registered against the present applicants and others, at P.S. Renwal, Distt. Jaipur.

(2.) It was submitted that before the attachment of the land, the applicants were in possession thereof and they had sown the Gram Crop which even if it be admitted that they had cut the said crop, were entitled to reap the same therefrom. It was further submitted that auction of the crop was stayed by this Court at the instance of the applicants. It was also pointed out that the court of Sub- divisional Magistrate under whose orders the disputed crop/land was attached, did not lodge the report. It was submitted that at the most, offence under section 188 Penal Code may be said to have been committed by violating the order promulgated by the S.D.M. and no offence under section 447 Penal Code can be said to have been committed.

(3.) Looking to the facts and circumstances of the case, it is directed that in the event of their arrest, applicants(1) Nanu Ram son of Narain and (2) Sualal son of Narain, accused in FIR No. 43/99 Police Station Renwal, Distt. Jaipur shall be released on bail on their furnishing two sureties in the amount of Rs. 5,000.00 each with personal bonds in the sum of Rs. 10,000.00 each to the satisfaction of the Officer arresting them and shall observe the following conditions: