( 1 ) RULE. Mr. Kogje, Ld. APP and Mr. Zaveri waive service of rule on behalf of respective respondents.

( 2 ) THE only question which arises for consideration of this court is:"whether the Ld. Sessions Judge could exercise power, once again, on the question of granting of bail to the same accused in whose case earlier bail application came to be rejected by him four months back on 10. 2. 2003. ?

( 3 ) THE short facts of the case appear to be that the respondent No. 2 who is the accused of the complaint bearing CR No. 108/02 of Vidyanagar Police Station for the offences punishable under sections 302, 304, 120b of IPC and section 25 (1) of Arms Act and Section 27 and 135 of Bombay Police Act. It is the case of the prosecution that one Babubhai Girdharbhai Patel who is the political rival of the respondent No. 2 and his group is killed through contract of murder (sopari) and by an arranged conspiracy with Shyamgiri Bhavangiri and others. It appears that the respondent No. 2 was arrested and was in judicial custody and at that stage he filed application for bail under section 439 Cr. P. C. being Cri. M. A. No. 714/02. The learned Sessions Judge considered the matter at