1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 1332/2008 (Pema Ram Vs. State of Rajasthan) DATE OF ORDER : 03/04/2008 HON'BLE MR.H.R.PANWAR, J. Mr. G.R.Punia for the petitioner. Mr. Ashok Upadhayay, Public Prosecutor for State. Mr. R.S.Charan for the complainant. Heard learned counsel for the petitioner and Public Prosecutor for the State as also counsel appearing for the complainant. Perused the order impugned and police investigation diary. From the perusal of the order impugned more particularly para 5, it appears that the learned Sessions Judge on examination of the police investigation diary noticed that the complainant filed an application on 19.8.2007 stating therein that his father has expired and the land be mutated in favour of the complainant Mangilal and his brother. Learned counsel for the petitioner submits that when the matter came up before the present petitioner who was holding the post of Revenue Inspector, he has only recorded that after investigation the land be mutated in favour of legal representatives of deceased after recovering the fine amount. Except this, according to learned counsel for the petitioner, the petitioner has not done anything. Be that as it may, the complainant himself stated that the land be mutated in favour of complainant and his brother and recommendation also goes to that extent. Looking to the facts and circumstances of the case and having considered the oral arguments advanced by both the parties, without commenting on the merit of the case, I consider it just and proper to allow the bail application filed by the petitioner under Section 438 Cr.P.C. 2 Accordingly, the bail application filed by the petitioner u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Pema Ram S/o Shri Moola Ram in FIR No. 186/2007 P.S. Siryari, district Pali, he shall be released on bail for a period till the police concludes the investigation and files the challan provided he 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 conclusion of the investigation on the following conditions:- (i)That he shall make himself available for interrogation by a police officer as and when required; (ii)That he 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 he shall not leave India without the previous permission of the Court. The petitioner shall surrender before the trial court on the date of filing of the challan and move a regular bail. (H.R.PANWAR), J. rp