( 1 ) THIS order also governs disposal of MCrc No. 3661/02; State of M. P. v. Deepak S/o Mahesh Sharma.

( 2 ) IN an application for grant of bail filed by co-accused Mukhtyar vide MCrc No. 3375/02 it was argued on behalf of the accused that main accused non-applicant Deepak, causing fire arm injury to the deceased, has been released on bail by I Additional Sessions Judge, Badwah by order dated 24-9-2002. Certified copy of this order was also filed, whereas bail application of co-accused Mukhtyar was rejected prior to 25-9-1992. Though against him there was no allegation for causing injury to the deceased or even taking direct or indirect part in the incident of murder. He was a gun man duly appointed by the owner of Petrol Pump for security purpose, where deceased Dilip and non applicant Deepak were sitting. Accused Deepak in absence of co-accused Mukhtyar used the gun for commission of murder of Dilip. Against Mukhtyar charge was only under Section 30 of the Arms Act. While deciding the bail application of co-accused Mukhtyar, this Court has taken suo-motu action as per Provision under Sections 397, 439/493 (2) of the IPC against grant of bail to Non-applicant Deep