MOHAMMED RAMZAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(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.