KASHMIRI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE two petitions for bail being Cr.M.Nos. 3971-M and 3972-M of 1984 have been preferred by an income tax practitioner by the name of Kashmiri Lal practising at Mansa town in district Bhatinda (Punjab)

(2.) BROADLY stating, he is involved in two crimes. On 21-5-1984, sometimes in the evening hour, he was said to be amongst a group of people who led a mob to Police Station Mansa. The cause apparently was to protest against the murder of on Joginder Nath, President of the Hindu Suraksha Samiti, Mansa The mob collected in front of the police station and shouted, slogans against the police for the murder of Joginder Nath. The mob then turned disorderly throwing brickbats at the police station, the gate of which was closed by a police constable. Thereafter, the mob indulged in arson, the tables of the Court close by and of the lawyers were set to fire as also two tractors in the municipal office, a car and cycles etc. Some Court record was also statedly burnt. The first information report was recorded at 9.45 P.M. the same day at the police station vide F.I.R No. 181.

(3.) AS is obvious, the petitioner was accused of being a leader of the mobs. It is undisputed that he was not attributed any overt act towards the brick-pelting or arson. It is also undisputed, as is plain from the affidavit filed by the Sub-Divisional Magistrate, Mansa, that the petitioner was apprehended 26-5-1994 in the aforesaid two F. I.Rs. but he was released to surrender again on 3-6-1984 after the last rites of Joginder Nath deceased. The petitioner was also supposed to participate in the deliberations of the peace committee formed by the authorities to restore normalcy in the town. Seemingly was also given a curfew pass to move about for the purpose.