( 1 ) THE petitioner Thakore Laxmanji alias Angi Rajuji, who came to be arrested on 30-9-1991 alongwith three other accused persons in connection with C. R. No. 147 of 1991, for causing injuries to one makwana Jagdish Shankar for the alleged offences punishable under Secs. 323, 326 and 114 of the I. P. C. , Sec. 135 of the Bombay Police Act, 1951, and Sec. 3 (10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has by this Misc. Criminal Application moved this Court for getting himself released on bail challenging the impugned judgment and order dated 8-10-1991 rendered in Misc. Criminal Application no. 36 of 1991, by the learned Sessions Judge, Mehsana, whereby his bail application came to be dismissed.

( 2 ) FEW relevant facts : According to the complainant Makwana Jagdish shankar, on 19-9-1991, at about 17-30 hours, when he was sitting near manish pan Centre chit-chatting with some of his friends, the petitioner alongwith other three accused, namely, Salim Hanif, Munna Kherubhai, and Thakore Pravin prajapati, came and picked up a quarrel. In the process, Munnabhai and Pravinbhai gave slaps, as a result of which, the complainant fell down in a pit nearby. According to the complainant, Salim suspected that he was secretly passing the information to the police regarding his alleged illegal activities and as a result of which raids were carried out at his premises. Further according to the complainant, when Salim questioned him about this, he denied the said allegations whereupon the petitioner and his three other associates getting enraged, started assaulting him with the respective weapons like Dharia, knives etc. in their hands. In the process, the petitioner who was armed with Dharia, aimed a blow with it on the head of the complainant which while trying to be warded off by right hand fell on his elbow causing injury; thereafter Salim inflicted razor blows on his two thighs while Munna inflicted knife blows on the left side of his ribs and Thakore Pravinji inflicted knife blows on the right thigh, eyeballs and on the left side of the chest. Thereafter, on the injured complainant raising alarm, the people from the nearby vicinity came running and saved him from further beating and in the meantime all the accused made good their escape with the respective weapons in their hands. Thereafter, Bhikhubhai Shankarbhai, an elder brother of the injured complainant, came to the place of the incident and removed the injured to the Government Hospital for the treatment, where the complainant came to be recorded at about 20-30 hours. On the basis of the said allegations made in the FIR, the petitioner alongwith three others came to be arrested on the very day. Thereafter, Pathan Nizamuddin @ Munna and two others moved the learned Sessions Judge by filing Misc. Criminal application No. 32 of 1991 for getting themselves enlarged on bail which was allowed by the judgment and the order dated 24-9-1991. Thereafter the petitioner, one of the co-accused, also moved the learned Sessions Judge by filing Misc. Criminal Application No. 35 of 1991, which as stated above, came to be rejected, xxx xxx xxx by an order dated 8-10-1991, giving rise to the present Misc. Criminal Application by the petitioner.

( 3 ) MR. P. M. Thakkar, the learned Advocate for the petitioner has challenged the impugned order rejecting the bail application mainly on the ground that the learned Sessions Judge has passed two inconsistent orders in two separate misc. Criminal Applications arising out of the same set of facts and circumstances by misreading the medical certificate which was common in both the cases. Mr. Thakkar submitted that in an earlier bail application describing the injuries as trivial injuries, the learned Judge granted the bail to three accused, while on the very same medical certificate describing the very injuries as serious injuries the bail application of the petitioner cams to be rejected. Mr. Thakkar in s