JUDGMENT

D. A. Desai, J. – Special leave granted.

2. Unusual though it may appear to be, under a compelling necessity in the interest of justice, we would depart from the ordinary response of this Court to matters involving bail. Ordinarily, this Court is loathe to interfere with the orders granting or refusing bail but it cannot be an insurmountable obstacle in the way of rectifying an order which-tends to disclose miscarriage of justice.

3. An incident occurred on August 23, 1983 ill which one Bhanwaria, son of the present appellant received fatal injuries resulting in his death. An information was lodged with the Police Station, Khedapa, District Jodhpur, Rajasthan State about the occurrence on August 24, 1983 around 11.30 A.M. At that time, Bhanwaria was alive and the offence was registered under Sees. 307, 447 read with Sec. 149 and under Sees. 148, 379 and 327 of the Indian Penal Code. When the hospital authority sent the message that Bhanwaria, the victim of assault, who was admitted in the hospital for the treatment has succumbed to his injuries, the Investigating Officer also added an offence under section 302 IPC. Soon thereafter on September 29, 1983, the second responde