M.A.A. Khan, J. - (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 Cr.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 IPC 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 IPC may be said to have been committed by violating the order promulgated by the S.D.M. and no offence under section 447 IPC 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/- each with personal bonds in the sum of Rs. 10,000/- each to the satisfaction of the Officer arresting them and shall observe the following conditions: (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) that the applicants shall not leave India without the previous permission of the Court.;