N. L. TIBREWAL, J. - (1.) THIS application is under section 439 Cr. P. C. on behalf of the petitioners. All the petitioners belongs to different communities i. e. Jain community Saini community, Sindhi Community and Muslim community.
(2.) IT appears that a case was registered on 24. 10. 1990 at police station, Beawar City under Sections 147,148,149,336,153'-A, 380,448,436,353, 332,454, & 379 IPC. The matter relates to a communal riots which took place in the State of Rajasthan including in the City of Beawar. Subsequently, as I have been informed by the learned counsel for the petitioners as well as the learned Advocate General, that Peace Committee were formed in the City and the members of both the communities are peaceful and curfew has also been lifted from the City. It appears that indiscriminate arrest has been made by the police authority. When the peace has prevailed and the members of all communities have started living peacefully it is not in the interest of justice that the petitioners should be kept in jail. Their long detention in jail is likely to create some confusion and annoyance and heart-burning between the members of the different communities. I have been informed by the learned Advocate General that at no stage, cases have been registered under any of the provisions covered by the Terrorist and Destructive Activites (Prevention) Act 1987. Though there might be some move by the police officers at one point of time during investigation to register the case under the offences mentioned in the aforesaid Act, but subsequently, the idea was dropped as prima-facie none of those offences were found to have been committed by any of the petitioners. Taking into consideration all the facts and circumstances of the case, especially the fact that peace has prevailed now in the City of Beawar and further detention is likely to change the atmosphere, I think it just and proper to release the petitioners on bail under section 439 Cr. P. C. It is therefore, directed that the petitioner Sohan Lal S/o Chogalal, Gopal S/o Pachu. Teli, and Dinesh Kumar S/o Pannalal be released on bail, provided they furnish a personal bond in the sum of Rs. 5,000/- (Five thousand) with one surety in the like amount to the satisfaction of the learned Add. Chief Judicial Magistrate, Beawar with the stipulation to appear in that court or any other court on all the dates of hearing as and when called upon to do so during the pendency of the trial against him/them in this case.
(3.) IT is, however, made clear that if any of the petitioners is found guilty of committing similar offence, the State shall be at liberty to move an application for cancellation of their bail in trial court without any reference to this court. .;