CHHAGAN GHANSHYAM JARHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Revision Application arises out of an order made by the learned Judicial Magistrate, First Class, Ambad, under section 151 (3) of the Code of Criminal Procedure, 1973, and confirmed by the learned Sessions Judge, Jalna, and it arises out of the following facts.

(2.) Seven petitioners and three others were arrested by Ambad Police in Crime No. 182 of 1981 for offences under sections 295, 147, 148, 149 and 143 of the Indian Penal Code. The incident in which these petitioners and three others were involved and were arrested is alleged to have arisen out of a fact that some Muslims tried to hoist a flag on a tree situated in the compound of a Mahadev Temple at village Parada. In this offence, all these seven petitioners and three others were released on bail by the learned Judicial Magistrate, First Class, Ambad. Immediately after this incident, the tree over which the flag was tried to be hoisted was taken in possession of b; the police under section 145 of the Code of Criminal Procedure and relevant proceeding was started.

(3.) On 9-1-1982 at about 6.30 a.m., these seven petitioners and three others were alleged to have been involved in Crime No. 6 of 1982 of Ambad Police Station under sections 395, 147, 148, 324 and 337 of the Indian Penal Code. It was alleged that these persons broke open two or three shops of Musims ahd threw stones at that time and looted property from these shops. All these ten persons were arrested by the police in this offence on 10-1-1982 and police custody remand was granted in respect of all these ten persons. All these persons then submitted an application for bail and after hearing the State, all these accused were ordered by the Court to be released on bail on 16-1-1982 and actually they were released on bail on 16 1-1982. Now, the facts giving rise to this Criminal Revision Application have occurred after this release on bail on 16-1-1982.