Judgment N. L. TIBREWAL, J. ( 1 ) HEARD. Both these bail applications may be disposed of by a common order as they arise from F. I. R. No. 389/94. It appears that in an incident which took place at 8 a. m. or soon 18. 9. 1994 members of both the parties sustained injuries. One person from each side has also died due to the injuries. In the present case, from the complainant party one Navratan has died while from the side of the accused Ram Narain has died. ( 2 ) LEARNED counsel for-the petitioners contended that the incident took place on a dispute about water channel from a common well whereby the fields of both the parties are irrigated. It was also contended that the members of the accused party in the present case acted in exercise of right of private defence of person and the report made by them is earlier in time. ( 3 ) AFTER going through the F. I. R. of this case as well as, the F. I. R. of the cross case and taking into consideration that one person from each side has died and some persons have been injured, it is difficult to decide at this stage as to which of the parties was the aggressor. ( 4 ) TAKING into consideration all the facts and circumstances, I am of the opinion that members of both the parties should be released on bail as an arguable point of right of private defence is involved and both the parties should be kept at par. Learned counsel for the petitioner also agrees that in the facts and circumstances members of both the parties should be given benefit of bail. Consequently, I allow both these applications and direct that the petitioners namely, Sukkha Lal, Shiv Raj, Radha Kishan and Ram Kishan in Bail Application No. 1306/95 and Amba Lal, Kishan Lal, Mool Chand and Ran Ram in Bail Application No. 789/95, shall be released on bail provided each one of them furnishes a personal bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the trial Court for their appearance in that Court on all subsequent dates of hearing during trial/inquiry as the case may be. 5,000/- with one surety in the like amount to the satisfaction of the trial Court for their appearance in that Court on all subsequent dates of hearing during trial/inquiry as the case may be. In the cross case also, the accused persons shall be released on bail by the concerned Court if any application for bail is moved on their behalf. A copy of this order be sent to the court of Additional District and Sessions Judge, Sambhar. Applications allowed. .