( 1 ) BEING aggrieved and dissatisfied by the judgment and order dated 2/08/1984 passed by the Judicial Magistrate First Class Wadhwan in Criminal Case No. 269 of 1984 releasing the respondents on bail under section 167 (2) of the Criminal Procedure Code the State has filed this revision application.

( 2 ) BEFORE dealing with the point in controversy it would be necessary to narrate few facts. On 19th January 1984 the incident is alleged to have taken place whereby one Umarbux Mohmedsadiqbux was abducted from Surat and was brought in Fiat car to Ahmedabad. From Ahmedabad he was taken to Surendranagar side where he was murdered by revolver shot. On this allegation a complaint was filed at Wadhwan Police Station in District Surendranagar. It is the prosecution version that the accused-respondents were absconding. On 10/03/1984 the respondents were arrested at Amirgadh Taluka Amirgadh. District Banaskantha for an offence punishable under section 307 of the Indian Penal Code for causing injuries to two Police Constables. It is alleged that at that time the respondents had used a revolver and fired against the Police Constables who had stopped the car on suspicion. On 16/0