MOHINI KAPUR, J.—This case has a very chequered history. An incident took place on 30th June, 1988, about which cross complaints were lodged. On the side of the complainant four persons including one Mst. Manni were injured and the case against the accused persons was registered under sec. 452, 147 and 323 IPC. They were arrested and produced before the Additional Judicial Magistrate, Tonk who accepted their bail application and released them on bail.

2. On 11.7.88, Mst. Manni died and the cause of her death was brain haemorrhage due to head injury. Because of this development, the offence u/s. 302 IPC was added. Thereafter the SHO, Police Station, Deoli moved before the Magistrate to cancel the bail already granted to the petitioners and prayed that they should be directed to be arrested. Due to this application, the petitioners applied before the Sessions Judge, Tonk for grant of anticipatory bail and also contested the application which was moved before the Magistrate. The Sessions Judge, Tonk dismissed the application for anticipatory bail on 20th July, 1988. The view of the learned Sessions Judge, Tonk was that the court which granted the bail can order the re-arrest of the acc

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