( 1 ) THE petitioner has moved this application under Sees. 439 and 482 of the Code of Criminal Procedure, 1973 (the new Cr. P. C for brief ). He has thereby prayed inter alia for his release on bail after quashing and setting aside the order passed by this Court on 30/12/1992 in Misc. Criminal Application No. 4998 of 1992 and for restoration of the order of the Sessions Court at Vadodara passed in Misc. Criminal Application no. 896 of 1992 releasing him on bail.

( 2 ) THIS matter was placed before our learned Brother K. G. Shah, J. for hearing and disposal. It appears that he found it difficult to reconcile the loss of liberty without affording an opportunity of hearing and the ruling of the Supreme Court in the case of Vikramjit Singh v. State of Madhya pradesh, reported in ATR 1992 SC 474 declaring the law to the effect that no Bench can comment on the functioning of a Co-ordinate Bench of the same Court, much less sit in judgment as an appellate Court over its decision. Our learned Brother K. G. Shah, J. has thereupon chosen to refer the following question for decision by a Division Bench of this Court :"whether in the facts and under the circumstances of the case, t