VAIDYA, J. :- The State of Maharashtra has filed the above application under Article 227 of the Constitution and Sec.439(2) of Code of Criminal Procedure, 1973, praying for cancellation of the bail granted to the opponents, who are accused Nos.1 to 7, in a murder case, in respect of which Karvir Police Station has filed a charge-sheet in the Court of the Judicial Magistrate, First Class, at Kolhapur, on December 30, 1974, numbered as C.R. No.178 of 1974.

2. The offence is alleged to have taken place on October 31, 1974, at about 8-0 p.m., in the village Koge. One Maruti Avaba Patil, was murdered as a result of continuous blows given by axes and sticks. The prosecution alleges that the accused gave those blows. The prosecution relied on dying declarations alleged to have been made by deceased Maruti.

3. Opponents Nos.1 to 6 (Accused Nos.1 to 6) were arrested on November 1, 1974. Opponent No.7 was arrested on November 8, 1974. They applied for being released on bail in the Court of Session, Kolhapur, by filing Miscellaneous Criminal Application No.205 of 1974. It was opposed by the prosecution. The learned Sessions Judge Kolhapur, found that charge-sheet was not filed; the pap