( 1 ) THE petitioners herein are the persons who are sought to be tried for the offences under sec. 147 148 149 and 302 read with sec. I. P. C. as well as secs. 25 (1) (A) of the Indian Arms Act. It is said that they formed an unlawful assembly and committed the murder of one Hama Sidabhai. The case of the prosecution is that during the scuffle the complainant Jetubha who happens to be a police constable at village Kalyanpur tried to intervene but he was prevented by petitioners nos. 2 and 4 who are Aher Lakhman Bogha and Aher Desur Ramshi. It is said that thereafter even this constable was stabbed by the person named Nathu Ramshi.

( 2 ) THE facts of the case reveal that when the proceedings were pending before the committing Megistrate the petitioners were enlarged on bail under sub-sec. (2) of sec. 167 of the Code of Criminal Procedure 1973 which is hereinafter referred to as the new Code. Thereafter on 15-7-75 the learned Magistrate Committed the case for trial to the Sessions court. On that date the petitioners S applied to the learned committing Magistrate to continue the bail which was already granted to them under sec. 167 of the new Code. The learned Magistra