ORDER

1. Leave granted.

2. Heard the learned counsel for the appellant.

3. Despite notice none entered appearance on behalf of the sole respondent, namely, Eslian @ Jothi Basu (A-11). From the record, it appeared that A-II assaulted the deceased from back side of the head. This is a case of Double murder and there are eyewitnesses to the occurrence.

4. Without considering the material facts on record, and without assigning any reason, the High Court by the impugned order has granted bail to the accused. As is presently advised there is sufficient material on record against A-II. One of the considerations for granting bail in non-bailable offence must be the gravity and the nature of the offence. There were no mitigating circumstances and the High Court was not justified in granting bail.

5. The appeal is allowed by setting aside the impugned order of the High Court.

6. The respondent is on bail. His bail bond and surety stand cancelled. He is directed to be taken back to the custody forthwith.