x( 1 ) HEARD finally by consent of parties. The applicant is one of the accused persons facing trial for the offence punishable under sections 302, 201, 304b read with section 34 of the Indian penal Code and sections 3 and 4 of the Dowry Prohibition Act in Session Trial no. 90/2003. The applicant failed to secure bail on merits. Thereafter, by order dated 10th May, 2004 the applicant was released by the trial Court as it was found that the applicant was of unsound mind and was incapable of making his defence. It seems that after the release of the applicant he ceased to be of unsound mind and the trial not only resumed but had proceeded inasmuch as on 5th November, 2004 PW Nos. 1 and 2 were examined by the prosecution. It seems that thereafter, no prosecution witness turned up and the trial was adjourned from time to time.

( 2 ) ON 30th March, 2005 the learned A. P. P. , in-charge of the trial, moved an application for cancellation of the bail of the applicant on the ground that the applicant became of sound mind and was capable of making his defence. By order dated 18th July, 2005 the learned trial Judge allowed the application, cancelled the bail of the applicant and took him in

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