NEEM LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Public Prosecutor for the State.

(2.) Counsel for the practitioners submits that the matter pertains to the incident which occurred during the out- break of Gujar Reservation Movement in the State. He has further submitted that this agitation was widespread and during this movement the high-ways were tried to be blocked by the mob and police tried to prevent them from blocking the highways.

(3.) Learned counsel submits that these accused petitioners, who are 63 in number were arrested by the Police under Sec. 151 Cr.RC. on the ground of apprehension of breach of peace by them. Their arrest has been shown at the Police Station after bringing them from the spot. He has further submitted that as per the proceedings drawn under Sec. 151 Crimial P.C. it has been mentioned that these petitioners were likely to participate in the on going movement and were likely to commit cognizable offence. Therefore, learned counsel submits that the case of the petitioners is different and distinguishable than those persons who really participated in the crime and were on the roads all through the incident and committed various offences of cognizable nature. Learned counsel also submits that injury caused to Harbhan Singh is said to be grievous caused by blunt weapon but this injury has not been attributed to any of the accused petitioners arrested under Sec. 151 Cr.RC. and that all the petitioners have already been released on executing bail bonds for maintaining peace by the concerned authorities under the Code of Criminal Procedure.