JAWAHAR SINGH AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THIS is a petition of Lambardar Jawahar Singh and four other persons who are being proceeded against under Sections 107/151 of the Code of Criminal Procedure. On arrest that Petitioners were called upon to furnish bail -bonds in the sum of Rs. 50,000 each, though these came to be reduced subsequently to Rs. 20,000 in the case of the Petitioners other than Jaswant Singh Petitioner No. 5 who was required to furnish bond in the amount of Rs. 35,000. The occasion for the proceedings arose on 31st of August, 1963 when Bawan Dwadshi fair was to be held in the town of Ambala. There seems to have been some tension between the Akali Jatha, Ambala and the Sanatan Dharam Sabha, Ambala and the consequently it was considered essential to take proceedings as a breach of peace was apprehended.

(2.) IN this petition, two prayers have been made. Firstly, it is submitted that the bail -bonds are excessive and should be reduced and secondly, that the proceedings under Section 107/151 of the Code of Criminal Procedure should be quashed as the occasion which gave rise to breach of peace no longer exists. In my opinion, the contentions of the learned Counsel are correct and the petition should succeed. There is an authority of the Patna High Court in Mirza Zulfakar Beg and Ors. v. King Emperor : A.I.R. 1927 Pat 231, in which it was held by Das J. that:

(3.) ON behalf of the State, it is contended by Mr. Hoshiarpuri that it is for the Magistrate to determine whether there are still strained feelings between the two communities to draw a conclusion that there still exists a likelihood of breach of peace. A similar argument was raised before Das, J. in Mirza Zulfakar Beg and Ors. v. King Emperor : A.I.R. 1927 Pat 231, where it was pointed out to the Court that although the particular occasion had passed the feelings were still strained between the two communities and there was a likelihood of breach of peace. Such an argument did not prevail in the High Court though the Magistrate had thought that he had no power to drop the proceedings. The proceedings could be quashed if on the evidence itself no prima facie case is shown to exist. I am of the view that in the context and background of this case there can be no reasonable apprehension of a breach of peace now even if the allegations of the prosecution are accepted and consequently there hardly remains any justification to take action under Section 107/151, Code of Criminal Procedure.