2. Bhoora and thirteen others are standing their trial under sec. 395 and 396 I. P. C. in the court of the Additional Sessions Judge, Jalore Shri G. D. Badgel. A fresh trial became necessary because of the retirement of Shri Badri Narayan Vyas Additional Sessions Judge in whose court they were originally tried. One Bhalia was granted pardon by the District Magistrate, Jalore, on 6th May, 1958 and was examined as a prosecution witness before the committing Magistrate. Since Bhalia did not comply with the terms of pardon, the learned Public Prosecutor on 27th November, 1958 submitted an application before Shri Vyas to the effect that as Bhalia has forfeited the pardon he did not want to examine him at the trial. When the trial again began before Shri Badgel, the learned public prosecutor expressed his desire to examine Bhalia as a witness. This was objected to on behalf of the accused on the ground that the pardon granted to Bhalia had been withdrawn and he was no longer a competent witness as after the withdrawal of the pardon his position was that of a co-accused. It was further objected that once the prosecution has