( 1 ) THISIS a reference made by III Additional Sessions Judge (III A. S. J. in short), Raipur, u/ S. 395 (2) of the Code of Criminal Procedure, 1974 (hereinafter called the 'code' ).

( 2 ) POLICE Station Bhatapara, in district Raipur arrested accused Chandrahas Dewangan for the offences u/ss. 307, 427, 435, 325 and 323, IPC committed on 27-3-1990, in village Maldi, district Raipur. He filed bail application No. 1025/90, u/ S. 439 of the Code which was rejected on 23-6-1990 on merits by the Sessions Judge (Annexure-A ). Meanwhile on commitment, the case against the accused was registered as S. T. No. 191/ 90 and by order dated 21-6-90, it was allotted and transferred to the Court of III A. S. J. to try it in link-court at Baloda Bazar.

( 3 ) ON 24-7-1990, the accused again filed another bail-application No. 1211/90 under S. 439 before the Sessions Judge, who by his order dated 1-8-90, transferred it for disposal to the Court of III A. S. J. The III A. S. J. by order dated 22-8-1990 sent the bail application along with records of Sessions Trial to the Sessions Judge since earlier bail application was also rejected by him and as such the subsequent application could