( 1 ) HEARD Mr. K. B. Pandey, learned advocate appearing on behalf of the present petitioner and Mr. N. D. Gohil, learned APP for respondent - State.

( 2 ) IN the present petition, the order passed by the Additional Sessions Judge, Nadiad dated 19th April, 2001 in Criminal Misc. Application No. 223 / 2001 is challenged by the present petitioner. The petitioner has filed regular bail application before the Additional Sessions Judge, Nadiad and that application has been rejected while exercising the powers under Section 439 of Crpc, 1973. Mr. Pandey has raised two contentions, of which, the first contention is about consistency in approach by the lower judiciary as relied upon by him in case of S. I. ROOPALAL V. LT GOVERNOR THROUGH CHIEF SECRETARY, DELHI reported in 2000 (1) SRJ 354. Mr. Pandey, learned advocate has mainly relied upon para-12 of the said judgment which runs as under :-"12. WE are indeed sorry to note the attitude of the tribunal in this case which, after noticing the earlier judgment of a coordinate Bench and after noticing the judgment of this Court, has still thought it fit to proceed to take a view totally contrary to the view taken in the earlier