1. WAHEEDUDDIN AHMAD, J.-The appellants have been challaned in a case under section 395/382, P.
2. P. C. The allegation against them is that they are the haris on the land and as they were not delivering zamindari share of produce, the Mukhtiarkar, Tando Allahyar, was appointed as Receiver of the land. The Mukhtiarkar had appointed the first informant Ali as karao on the 6th September 1972, to look after the land. It was alleged by the karao in the F. I. R. That at about 5 p.m. On the 21st September 1972, the appellants came armed with hatchets and lathis and forcibly took away 70 maunds of cotton pods worth Rs.3,300 lying in the khara under his receivership.
3. The appellants applied for bail before arrest which was dismissed right up to the High Court.
4. Thereafter the appellants approached the Civil Judge and First Class Magistrate, Tando Allahyar and were granted bail on the 26th October 1972. The matter was taken to the Sessions Court for cancellation of the bail. The appeal was allowed by the First Additional Sessions Judge, Hyderabad, by order dated the 11th January 1973, and cancelled the bail of the appellants. The matter was then taken to High Court in Bail Application No. 65 of 1973, which was dismissed by order dated the 7th February 1973. The appellants have challenged the said order of the High Court in appeal before us.
5. It is not disputed that the offence with which the appellants, are charged is not punishable with death or transportation for life. In these circumstances, the learned Civil Judge and First Class Magistrate, Tando Allahyar was perfectly justified in granting bail to the appellants. Mr. Usman-i- Ghani, learned Assistant Advocate-General has contended that the appellants are charged -with serious offence and it is not a fit case for grant of bail. The contention of the learned Assistant Advocate-General has not impressed us. We would, therefore, accept the appeal and direct that appellants be released on bail to the satisfaction of the learned Sessions Judge, Hyderabad.