1 S.B.CRIMINAL MISC. BAIL APPLICATION NO.1737/08 (Heeralal Vs. State of Rajasthan) DATE OF ORDER : 28/04/2008 HON'BLE MR.H.R.PANWAR, J. Mr. H.S.Balot for the petitioner. Mr. S.K.Vyas Public Prosecutor for State. Mr. Motisingh 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. It is contended by learned counsel for the petitioner that the petitioner is Sarpanch of the village and an application was filed by Bhanwarji on 5.6.2007 before him stating therein that he is in possession of Plot No. 18 and 19 and has shown receipt No.38 dated 2.11.1973 and receipt No. 39 dated 2.11.1973 showing payment having been made with respect to Plot No.18 & 19 and the petitioner being the Sarpanch, a no objection certificate for sale of the plot was sought from him and such certificate has been issued by him. The petitioner has not sold the plots. Learned public prosecutor submits that the patta in respect of Plots No. 18 and 19 stands in favour of Ajiting. Be that as it may, so far as the petitioner is concerned, he has only issued no objection certificate and did not sale the plot. Looking to the facts and circumstances of the case and having considered the oral arguments advanced by both the parties, I consider it just and proper to allow the bail application filed by the petitioner under Section 438 Cr.P.C. 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 2 arrest of petitioner Heeralal S/o Samaram in FIR No. 49/2008 P.S. Aahor, district Jalore, 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