RAGHUBAR DAYAL, J.

( 1 ) THIS is an application in revision by Munshi Singh against the order of the Adritional Sessions judge, Etawah in the following circumstances.

( 2 ) MUNSHI Singh was an accused in a case under Section 396, Penal Code. He applied for bail and the learned Additional Sessions Judge ordered on 27th July 1951 that he be admitted to bail till further orders of the Court. After considering the merits of the application the learned Judge had expressed himself thus :

"i am not prepared to say that his case stands on the same footing as the case of Prag Singh or any other dacoita who actually took part in this dacoity. Prima facie he is entitled to bail"

( 3 ) SUBSEQUENTLY an application for the cancellation of bail was presented to the learned Sessions judge. In support of this application was an affidavit of Rameshwar Dayal who is said to be a nephew of one of the injured persons Raghubar Dayal. The learned Sessions Judge came to the conclusion that he had not noticed a reference to Munshi Singh in the first information report wherein was stated that the villagers who had come had recognised the dacoits named on the spot, and which included the name of Munshi Singh. I

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