1 S.B.CRIMINAL MISC. BAIL APPLICATION NO.876/2008 (Pat Ram vs. State of Rajasthan) DATE OF ORDER : February 28, 2008 HON'BLE MR.H.R.PANWAR,J. Mr.Kulwant Singh,for the petitioner. Mr.L.R.Upadhyay, Public Prosecutor for State. Heard learned counsel for the petitioner as well as the Public Prosecutor for the State. Perused the order impugned. It is contended by learned counsel for the petitioner that three persons executed a sale deed viz. Brij Lal, Smt. Vimla and Ved Prakash. The allegation against the petitioner is that he is the attesting witness to the sale deed. Learned counsel for the petitioner submits that so far as two persons viz. Smt. Vimla and Brij Lal are concerned, there is no dispute that they are correct persons but so far as third person i.e. Ved Prakash is concerned, the petitioner attested the sale deed on the saying of Smt. Vimla and Brij Lal and the person, who appeared as Ved Prakash was identified by these two persons, who are executants of sale deed, to be Ved Prakash. Having regard to the facts and circumstances of the case, without commenting on the merit of the case and the fact that two persons were correct according to the prosecution case, I consider it just and proper to grant anticipatory bail to the petitioner. 2 Accordingly, the bail application filed by the petitioner under section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Pat Ram s/o Ramchader in FIR No.123/2007, P.S. Ghamurwali, Distt. Sriganganagar, 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/- along with one surety of like amount each 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. (H.R.PANWAR),J. m.asif/-