2023 SCMR 581
Pre - arrest bail --- Merits of the case --- While granting pre - arrest bail , the merits of the case can be touched upon by the Court
Allegation against the accused persons was that they plowed and destroyed a standing crop from the land of the complainant and caused him a loss of Rs.125,000 --- However , it was the stance of the accused persons that they were the owners of the land in question where the occurrence took place ; that they were in possession of requisite title documents and in - fact the complainant party was the aggressor --- Admittedly a civil suit for declaration qua the land in question was still pending adjudication before the court of competent jurisdiction , which was filed about one year earlier to lodging of the present FIR --- In view of such matter , the possibility of false implication just to pressurize the accused persons to gain ulterior motives could not be ruled out --- Trial Court after recording of evidence would decide about the guilt of the accused persons and as to whether section 440 , P.P.C. was applicable or not --- Even otherwise , all the six accused persons had been ascribed the role of jointly causing a loss of Rs.125,000 / - to the complainant --- Case of the accused persons squarely fell within the ambit of section 497 ( 2 ) , Cr.P.C. entitling for further inquiry into their guilt --- Petition for leave to appeal was converted into appeal and allowed , and ad - interim pre - arrest bail granted to the accused persons was confirmed .
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