Munesh S/o Ramswaroop v. State of Rajasthan, through P. P.
2017-03-10
BANWARI LAL SHARMA
body2017
DigiLaw.ai
ORDER : 1. The present Misc. Bail Application under Section 439 Cr.P.C. is preferred by the accused/petitioners Munesh and Mohanlal in the matter of FIR No. 257/2016 registered at Police Station Todabheem, District Karauli for offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 447, 308 and 302 IPC. 2. Learned Counsel for petitioners Mr. Ashvin Garg submits accused party entered into agreement to sale of the disputed land from complainant party and paid Rs. 60,000/- and previously ploughed mustard crop on the disputed land thereafter, accused party tried to ply the field for Bajra crop than complainant party obstructed in it and started quarrel in which 6 persons of accused party sustained several injuries including grievous injuries for which FIR No. 258/2016 was lodged by Prem Singh co-accused at Police Station Todabhim, District Karauli on 25.06.2016 for offence punishable under Sections 143, 323, 341, 447 and 307 IPC, complainant party also lodged cross FIR being FIR No. 257/2016 for offence punishable under Sections 143, 323, 447 and 307 IPC against the accused party, after 6 days of the incident Batu Lal, a person of complainant party expired, the cause of death of Batu Lal in his post mortem is shown as anti mortem head injury no. 1 and 2 which is attributed to co-accused Nahar Singh. He submits that no overtact is assigned to present petitioners, Mohan Lal sustained 12 injuries out of which 4 injuries are grievous and petitioner/accused Munesh sustained 4 injuries out of which 2 injuries are grievous. He submits that the aggressive party is complainant party who creat obstruction in ploughing the field by accused party, investigation has been completed, petitioners are in custody since 12.10.2016, therefore petitioners may be released on bail. 3. Learned Public Prosecutor Mr. N.S. Dhakad opposed the bail application and fairly conceded that the fatal injuries are attributed to co-accused Nahar Singh, no overact is assigned to present petitioners. 4. Learned Counsel for complainant Mr. Arvind Kumar Sharma also opposed the bail application and submitted that complainant party purchased the land in dispute and as per Moka report of Tehsildar, complainant party was in possession but the aforesaid documents is not a part of challan. 5. I have considered the submissions made at bar. 6.
4. Learned Counsel for complainant Mr. Arvind Kumar Sharma also opposed the bail application and submitted that complainant party purchased the land in dispute and as per Moka report of Tehsildar, complainant party was in possession but the aforesaid documents is not a part of challan. 5. I have considered the submissions made at bar. 6. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal, since no specific role is assigned to present petitioners and there is cross case against the complainant party for offence under Section 307 IPC and fatal injuries are attributed to co-accused Nahar Singh, therefore without expressing any final opinion on the merit and de-merit of the case and considering the overall facts and circumstances of the case, I am inclined to grant benefit of bail to the accused-petitioners Munesh and Mohanlal. 7. Consequently, the bail application filed under Section 439 Cr.P.C. of accused- petitioners Munesh and Mohanlal is allowed. 8. Therefore, it is ordered that the accused-petitioners Munesh and Mohanlal in FIR No. 257/2016 registered at Police Station Todabheem, District Karauli, shall be released on bail; provided they furnish a personal bond of Rs. 1,00,000/- (Rs. One Lakh) each and two surety bonds of Rs. 50,000/- (Rs. Fifty Thousand) each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.