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Judgment
Sabina, J.—Vide this order CRFM-M Nos. 32662 of 2010 and 33565 of 2010 will be disposed of as these have arisen out of the same FIR.
These petitions have been filed u/s 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 120 dated 24.9.2010, under Sections 420, 467, 395, 447, 436, 336, 427, 452, 323, 160, 148, 149, 506, 120-B of the Indian Penal Code and Sections 25 and 27 of the Arms Act, 1959 registered at Police Station Sadar Kotkapura District Faridkot.
Learned Counsel for the Petitioners have submitted that the Petitioners are in custody since 25.9.2010. The complainant side had filed a suit for permanent injunction restraining the accused side from interfering in their peaceful possession and the said suit was dismissed by the trial Court vide judgment and decree dated 20.8.2010. Accused party is in possession of the suit property. The FIR has been lodged after the suit filed by the complainant side was dismissed.
Learned State counsel, who is assisted by learned Counsel for the complainant, has opposed these petitions.
Keeping in view the fact that the Petitioners are in custody since 25.9.2010 and the complainant side was unable to establish its possession in civil litigation, it would be just and expedient to release the Petitioners on bail.
Accordingly, without expressing any opinion on the merits of the case, these petitions are allowed. The Petitioners are ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Faridkot.