1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 1527/2008 (Ghanshyam Singh Vs. State of Rajasthan) DATE OF ORDER : 24/04/2008 HON'BLE MR.H.R.PANWAR, J. Mr. G.R.Punia for the petitioner. Mr. S.K.Vyas, Public Prosecutor for State. Mr. R.S.Charan for the complainant. Heard learned counsel for the parties. Perused the order impugned and police investigation diary. It is contended by learned counsel for the petitioner that similarly situated co-accused Pema Ram has been granted bail under Section 438 Cr.P.C. and mutation was already sanctioned by the Sarpanch on 5.8.2007 and thereafter the process of finding out the legal heirs of deceased has been initiated. Learned counsel further submits that a mutation appeal has already been filed by Bhuraram which is pending before Additional Collector. Be that as it may, initially there was an application filed by Mangilal stating therein that his father has expired and the land recorded in the name of Motiram be recorded in the name of two legal heirs i.e. Mangilal and Bhuraram both sons of deceased. 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 arrest of petitioner Ghanshyam Singh S/o Sh. Nirmal Singh in FIR No. 186/2007 P.S. Siriyari, 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 2 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