ORDER :- The facts leading to this application broadly stated are that the opponent Lohana Lakhu Amarshi of Porbandar was charge-sheeted by the police to the Court of the Judicial Magistrate, First Class at Porbandar for an offence of having committed murder of his brother's wife Bai Vijaya by setting fire to her in the afternoon of 10-7-1966 so as to be liable under Section 302 of the Indian Penal Code. He was arrested on 12-7-1966. An application for being released on bail under Section 497 of the Criminal Procedure Code was made before the learned Magistrate and that came to be rejected. It was thereafter that he preferred an application for the same purpose in the Court of Sessions at Porbandar under Sections 497 and 498 of the Criminal Procedure Code. The contention of the accused was that he had not set fire to Bai Vijaya as alleged against him and that, according to him, since she used to get fits of insanity she had committed suicide. The learned Additional Sessions Judge found on a perusal of the police papers that she had made two dying declarations one before the P.S.I. Mr. Pathan and the other before the Honorary Magistrate Mr. Mathuradas Bhupta and, according to him, t

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