SHARMA, J.

( 1 ) THIS is an application by one Manohar complainant in a case under Sections 302, 148, 149, 325, Penal Code pending in the Court of the Sub Divisional magistrate, Dig in Bharatpur District, to revise the order of the learned Sessions judge, Bharatpur, admitting the opposite party (hereinafter to be referred to as accused) to bail under Section 498, Criminal P. C.

( 2 ) I have heard the learned counsel for the complainant and also the counsel for the accused. The Government Advocate did not take any part in the proceedings in spite of notice.

( 3 ) THE man contention on behalf of the complainant is that one of the offences,. e. one under Section 302, Penal Code was non-bailable and punishable with death or transportation for life. The learned Sessions Judge was therefore, not justified in admitting the accused to bail.

( 4 ) ON behalf of the accused it was argued that although one of the offences was under Section 302, Penal Code which was non-bailable, yet the evidence and the circumstances in the case pointed to the conclusion that the case under section 302 would not succeed in the end. It was also argued that the case has been hanging on in the Court o