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Rajasthan High Court · body

1991 DIGILAW 771 (RAJ)

Kalu Lal Gujar v. State of Rajasthan

1991-10-01

N.L.TIBREWAL

body1991
JUDGMENT 1. - Heard.It is no doubt true that the members of the Goojar community, instead of agitating their rights before the competent court/authority, chose to take the law in their own hands in put their claim/title over the temple of Dev Narayan Ji situated near village Jharota. 2. It is also true that out of large no. of members of the Goojar community, some-one made gun fire causing injuries to some police personels, and such miscreants should not be normally treated lightly. 3. However, it appears that subsequent to the incident, the Collector Baran called a meeting on Sept. 25, 1991 and the members of the Goojar community also participated. In that meeting, some decisions were agreed to with regard to the Seva Puja and other religious ceremonies, including the management of cash gifts. 4. The learned counsel for the petitioners gives-out that the matter has been pacified completely and there is a harmonious atmosphere prevailing in the neighbouring villages and as such, the petitioners should now be released on bail under section-439 Cr.P.C. According to him, it members of the Goojar community are kept in jail indiscriminately, the matter may again flare up. He further submits that the petitioners are belonging to village - Khanpur in the district of Jhalawar and they had actually went at the temple place for `Darshan', but they have been arrested falsely by the police as after the incident, they did not run away from the place. 5. Without commenting much of the merits of the case, but taking into consideration that the disputes with regard to the management and Seva Puja of the temple have been resolved positively in the meeting held on 25/9/1991, a copy of the minutes of which has been placed before me for perusal, I think it just and proper that the petitioners be released on bail under sec.-439 Cr.P.C. 6. It is, therefore, directed that the petitioners - Gopal S/o Heera Lal and Kalu Lal S/o Mittu Lal be released on bail provided each of them furnishes a personal bond in the sum of Rs. 10,000/- ten thousand only) with two sureties in the sum of Rs. It is, therefore, directed that the petitioners - Gopal S/o Heera Lal and Kalu Lal S/o Mittu Lal be released on bail provided each of them furnishes a personal bond in the sum of Rs. 10,000/- ten thousand only) with two sureties in the sum of Rs. 5,000/- (five thousand only) each to the satisfaction of the trial court for their appearance in the said court or any other court on all the dates of hearing and as and when called upon to do so during the pendency of the trial in this case.Order passed accordingly. *******