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1981 DIGILAW 502 (RAJ)

Mohammed Ramzan : M. R. Malkani : Murad v. State of Rajasthan

1981-11-20

M.B.SHARMA

body1981
JUDGMENT 1. - All these three bail applications filed by different accused petitioners arise out of the same first information report and as such, can be conveniently disposed of by a common order. 2. The learned Sessions Judge, while allowing bail to 17 accused persons, has refused bail to the ten accused petitioners on the ground that they were the leaders of the mob who had incited the mob and thereafter, stones were pelted and many persons belonging to the police party and the R.A.C. were injured. Govind Narain. the Additional Superintendent of Police, received as many as 31 injuries, out of which, ore is a fracture of (he middle finger and according to the learned Public Prosecutor, he is confined in the hospital and is still unable to give his statement. 3. I have heard learned counsel for the accused petitioners and the learned Public Prosecutor at length. The incident is very unfortunate and if any body from amongst the minority community would have exercised his sobering influence, this incidence could have been averted. If the circumstances of the case, as alleged, are correct, the incident needs condemnation a all ends. Both the communities have to live harmoniously in a secular country like India and both the communities have to give and take. Religious feelings should not take part. If the `Sehra' was not being taken from the Chetanion ki lane for the last about 20 years, it would have been correct to take `Sehra' from the normal route and the minority community should have avoided taking 'Sehra' from a new route. 4. Be that as it may, the case of the prosecution is that there was a mob of about 500 persons belonging to the minority community and they wanted to take the `Sehra' from a route from which it had never been taken. Even 20 years earlier when an attempt was made, it was checked and thereafter, it was stopped. The allegations against the accused persons are that they incited the mob to the effect that they should take `Sehra' through Chetanion-ki-lane and not that they exhorted the accused persons or the others, who were in the mob, to put an end to the lives of the police personnel. The case of the prosecution further is that stones were pelted and lathi blows were given. The case of the prosecution further is that stones were pelted and lathi blows were given. The injuries received by the Additional Superintendent of Police, though 31, but only one is grievous and that too, a fracture of the middle finger. 5. Without expressing any opinion on the merits of the case, I am of the opinion that it will be in the interest of justice as well as for harmony in the two communities, that the accused petitioners in all the three bail applications are released on bail. 6. The bail applications are allowed and all the accused petitioners, namely, Mohammed Ramzan son of Abdul Mazid, M. R. Malkani, Murad Ali, Mohammed Arif, Mohammed Ramzan son of Mohammed Ashan, Abid, Abdul Wahid, Mohammed Iqbal, Irshad Ali and Abdul Aziz, are released on bail on each of them entering into a personal bond in the amount of Rs. 5,000/- together with two sureties in the amount of Rs. 2,500/- each to the satisfaction of the learned Sessions Judge, Jodhpur, for their appearance in the court of learned Magistrate or before his court on all dates of hearing and whenever called upon to do so. Sd/- M.B. Sharma, J.Bail Application allowed. *******