1. ' MUHAMMAD YAQUB ALI, J.-The five respondents are charged for the offence under section 302 read with section 149, P. P. C. The High Court has granted them bail. Counsel for the petitioner points out
(i) That the two incidents were distinct from each other in time. Indeed, the first incident constituted the motive for the assault on the deceased and the injured P. W. S. The learned Chief Justice has, ho never, juxtaposed both the incidents into one transaction and treated the first incident as a circumstance in favour of the accused ; and
(ii) That the accused were already armed with bottles and it is not correct that they had picked up the bottles from the scene of crime as observed in the order granting bail.
2. ' There is substance in both the contentions raised in support of the edition.
3. The prosecution case is supported by two eye-witnesses who have been examined by the Inquiry Magistrates. There are four more eye-witnesses hose statements are yet to be recorded. If their version is accepted all the accused will be found guilty of the offence of murder read with section 149, P. C. In this view we are not inclined to agree with the learned Chief justice that there are no reasons to believe that the five respondents are guilty of the offence punishable with death.
4. ' However, instead of granting leave to appeal and recalling the order of bail passed by the High Court it will be sufficient to observe that the inquiry Magistrate and the trial Judge will not be influenced by what has even said in the order granting bail to the accused. Further if they are committed to stand trial before the Court of Sessions the bail granted to them by the High Court would no doubt be cancelled.