1. Both these criminal revisions are against the orders dated: 16.07.1998 and 19.09.1998 passed by the Sessions Judge, Anantnag granting bail to the accused facing trial u/s 302 RPC.

2. Facts of the case are briefly as follows:-

Charge sheet under Sections 302,307, 148,336 and 149 RPC against 15 persons was produced by the police on 26.07.1997. Charges under Section 302/34, 323, 148, 341 and 336 RPC were framed against A-1 to A-4. By order dated: 11.08.1997 Sessions Judge Anantnag framed charges u/s 341, 336, 323 and 148 RPC against A-5 to A-l 5. After framing the charges, the learned Sessions Judge while rejecting the bail application on behalf of A-l to A-4 admitted A-5 to A-15 to bail on furnishing surety of Rs.50,000/-. After sometime, A-1 to A-4 who have been charged u/s 302 RPC also applied for grant of bail. However, vide order dated: 16.07.1998 the court released A-2 to A-4 on bail while A-l was denied bail. Relevant portion of order dated: 16.07.1998 reads as under:-

" Since the trial of the case is going on and the prosecution evidence is under way, it would not be prudent to comment upon the quality of evidence existing on the file because that may one way or the othe

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