Ranawat, J. — This is a revision application filed by the complainant Newad Ram against an order of the Sessions Judge, Bharatpur, dated the 5th July 1951, by which the four accused persons who had been committed by the City Magistrate, Bharatpur, to stand their trial under sec. 302 I.P.C. were allowed to remain on bail. The Government Advocate has supported the application of the complainant. A notice was issued to the opposite parties.

2. The argument of the learned counsel of the applicant is that the accused persons have been committed to Sessions under s. 302 I.P.C. which is an offence punishable with death or transportation for life and under sec. 497 Cr.P.C. it was not open to the Magistrate to have allowed the accused persons to remain on bail. The learned Sessions Judge, it is said on behalf of the complainant, did not apply his mind to the facts of the case making an order in favour of the accused. Prima facie it is argued, there was evidence against the accused for committing them to the court of Sessions to stand their trial under sec. 302 I.P.C. and on this account the City Magistrate made a commitment order; that court could not therefore be supposed to have held that

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