1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 2028/2009 (Hurji and Others Vs. State of Rajasthan) DATE OF ORDER : 15/04/2009 HON'BLE MR.H.R.PANWAR, J. Mr. Sanjay Mathur for the petitioners. Mr. Mahipal Bishnoi, Public Prosecutor for State. Heard learned counsel for the petitioners and Public Prosecutor for the State. Perused the order impugned and the police investigation diary. According to the learned counsel for the petitioners, even in the site map, the trees which were alleged to have been cut by the petitioners were lying at the place of occurrence as per the police investigation. Learned counsel further submits that the trees were at the border of the field and both the parties claims their title. Be that as it may, having regard to the facts and circumstances of the case, without commenting on the merit of the case, I consider it just and proper to allow the bail application filed by the petitioners under Section 438 Cr.P.C. Accordingly, the bail application filed by the petitioners u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioners Hurji S/o Senga Dandore, Valeng S/o Dhanji Dandore, Laxman S/o Dhanji Dandore, Manka S/o Dhanji Dandore and Bhema S/o Dhanji Dandore in FIR No. 28/2009 P.S. Sagwara, they shall be released on bail for a period till the police concludes the investigation and files the challan provided each of them furnishes a personal bond in the sum of Rs.10,000/- alongwith one surety of like amount to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after 2 conclusion of the investigation on the following conditions:- (i)That they shall make themselves available for interrogation by a police officer as and when required; (ii)That they 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 and; (iii)That they shall not leave India without the previous permission of the Court. The petitioners shall surrender before the trial court on the date of filing of the challan and move a regular bail. (H.R.PANWAR), J. rp