An offence Under Section 307 I.P.C. was registered against him and the appellant was taken into custody and was subsequently remanded to judicial custody.
An application for releasing him on bail was made on August 22, 1983 to the Chief Judicial Magistrate, Rajkot.
It is alleged that the appellant gave blows with a knife to one Popatlal Sorathia, who had companye to visit an indoor patient Navalsinh Bhatti on August 17, 1983 around 9.45 A.M. Appellant was accosted by the policemen on duty.
Nearly 3 months have rolled by from the date of the offence.
A numberice was issued to the learned Public Prosecuter.
On the same day, an application for releasing the appellant on bail was moved before the learned Sessions Judge.
A. Desai, J. Special Leave granted.
The Chief Judicial Magistrate, Rajkot was pleased to dismiss the same by his order dated August 29, 1983.
Ordinarily this Court is number inclined to interfere with the orders either granting or refusing to grant bail to an accused person either facing a criminal trial or whose case after companyviction is impending in appeal.
However, this is number a case where bail is granted or refused but the order granting the bail by the learned Sessions Judge was set aside by the High Court adopting an approach which does number companymend to us.
