High Court Judge Justice Munamato Mutevedzi has reserved a ruling on the bail appeal by 78 opposition members who were arrested on June 16 on allegations of unlawful gathering.
He said the judgement should be ready by July 18.
The suspects who include Senator Jameson Timba, the Citizens Coalition For Change interim leader are also being accused of disorderly conduct.
The judge reserved his judgment after hearing arguments from both parties.
Representing the appellants, Jeremiah Bamu argued that the lower court erred in failing to distinguish the personal circumstances of all appellants.
"The court a quo should have given reasons for distinguishing accused 1 from other appellants.
"Accused 1 (Timba) is not liable for the offence only because people had gathered at his house.
"That did not make him part of the gathering and the court a quo ought to have distinguished his circumstances from that of the other accused," Bamu submitted.
Bamu also said another suspect, Lucia Antonio (appellant 58) is just a tenant at Timba's residence.
"It is clear that the appellants weren't arrested at the same place but two different places and the evidence of the IO was that the police did not ascertain the purpose of the gathering.
"There is no strong case in particular to the charge they are facing.
"According to the IO, not everyone who was part of the gathering threw stones at the police.
"The individual role of each appellant ought to have been ascertained. What happened was a dragnet arrest, some appellants are languishing in Remand Prison for an offence they did not commit," the lawyer argued.
He also said the 40th appellant is disabled, he has an artificial leg, hence his circumstances were not considered.
"If they had been considered, the court a quo would have been more lenient.
"The 4th appellant, Tambudzai sustained a broken leg, there was no justification for denying her bail given her circumstances.
Another lawyer Webster Jiti concurred and submitted that it is a misdirection to deny an appellant bail when there are no indications that they will skip bail.
"Police officers will testify and these witnesses are not known to the appellants hence they pose no threats to the investigations.
"None has shown he/she has the capacity to interfere with investigations or witnesses.
"Court a quo made an error at law of concluding that the appellants were likely to re-offend.
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"That they will team up with accomplices...we were not told who are these accomplices.
"The law is very clear, where the State alleges that there is an accomplice, the accomplice should be known to the accused persons," he said.
Jiti said no evidence of the police who were pelted by stones was presented before the court, not even their names or medical affidavit.
"Evidence before the court is rather contrary. The appellants were brutalized to the extent that some were hospitalised.
All the accused to have been granted bail because their coaccused Sean Timba was granted bail despite that he is facing a serious offence.
In response, Charles Muchemwa representing the state said there was no misdirection by the lower court.
"The evidence before the court shows that this offence was committed in aggravating circumstances and there is a likelihood of a conviction. This might induce the appellants to abscond. It is therefore my humble submission that the appeal be dismissed.
"On accused 40, His disability cannot be an excuse. He travelled all the way from Chitungwiza to commit this offence although he is disabled. He should not have been part of this group if his condition was to be considered in the first place," he said.
"The appellants were properly arrested and denied bail. We move this court to dismiss the appeal."
Mutevedzi then reserved his judgement.
"This is an appeal and should not take me time to hand down the ruling. So the registrar will call you when my judgement is ready. It should be sooner and no later than Thursday."
