JUDGMENT - R.K. BATTA, J.:---The applicant, who is the son of the deceased, seeks cancellation of bail granted by the Judicial Magistrate First Class, Kelapur to respondent Nos. 2 and 3, vide order dated 20th October, 2000.

2. The respondent Nos. 2 and 3 were arrested in connection with an attempt to murder under section 307 I.P.C. on 19-10-2000, in respect of an offence which had taken place on 17-10-2000. The bail application was filed on 20-10-2000 and on the same day, respondent Nos. 2 and 3 were ordered to be enlarged on bail even though A.P.P. was not available in the Court. The victim died on 20-10-2000 at about 3.00 P.M. and in view of the same section 302 I.P.C. would be attracted. The charge-sheet under section 302 I.P.C. has already been filed.

3. Learned Advocate for the applicant has urged before me that the Magistrate acted very hastily in granting bail in serious matter without even waiting for the say of the A.P.P. or hearing A.P.P. The exercise of power by the Magistrate, in the circumstances, accordingly, the learned Advocate for the applicant is arbitrarily in the light of the dying declaration of the deceased prima facie offence under section 307 read with sect

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