2023 SCMR 1152
Theft of crop --- Ad interim pre - arrest bail , confirmation of --- Further . inquiry --- As per the contents of the crime report , the allegation against the accused was that he cut the standing crop of wheat from the land of the complainant ; took away the same with him and caused her a loss of Rs.50,000 --- However , it was the stance of the accused that the complainant was not in possession of the land in question and it was the paternal aunt of the accused , who was in possession of the land and they had the requisite title documents with them --- Primary dispute between the parties was with regard to the ownership / possession of the land --- In this view of the matter , the possibility , of- false implication just to pressurize the accused side to gain ulterior motives could not be ruled out --- Crime report was lodged after a delay of 16 days for which the complainant did not utter a single word --- In the crime report , only a general role had been ascribed to the accused and his three co - accused --- Two co - accused had been declared innocent during investigation , and the third , who was ascribed a similar role as that of the accused , had been granted . bail --- Case of the accused squarely fell within the ambit of section 497 ( 2 ) , Cr.P.C. entitling for further inquiry into his guilt --- Petition for leave to appeal was converted into appeal and allowed , and ad - interim bail granted to accused was confirmed .
While granting pre - arrest bail , the merits of the case can be touched upon by the Court .
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