S.K. Chawla, J. -- 1. This is a revision petition by a private party challenging bail order of Additional Sessions Judge granting bail in a murder case.

2. On 23.8.1992, at about 11.00 a.m. one Madho Singh lodged a report at Panihar Police Station in Gwalior district that on that date at about 7.00 a.m., in village Piproli, his elder brother deceased Sobran Singh was grazing cattle, when six persons came armed with weapons to assault him. These six persons were Ramnath Singh, Ratan Singh and Mitta Singh, who were armed with Pharsas, Bhattu Singh armed with a lathi and Amar Singh and Vishal Singh armed with guns. Seeing them approaching, both informant Madho Singh as also deceased Saba ran Singh started to flee. But Sobaran Singh could not run away and was overtaken by the assailants. Ramnath Singh then threw down Sobaran Singh and started to beat him with lathi and pharsa. Amar Singh and Vishal Singh fired at informant Madho Singh but the shots missed him. Continuing with his report, informant Madho Singh further got it recorded that after half an hour he came back to his brother deceased Sobaran Singh. Sobaran Singh was lying dead. Sobaran Singh had Pharsa injuries on throat, 4ead and both thighs, which were all bleeding. The report also stated that after sometime, Gyan Singh and Jardan Singh also came, who saw the assailants running away in the direction of the village and the informant also told them about the incident. Previously on 21.8.1992, the Informant had a quarrel with Ramnath Singh and his son over grazing of cattle. It was on account of that enmity that the assailants had come in concert and had killed his brother Sobaran Singh by assaulting him with lathi and Pharsas. The police registered a case of murder of deceased Sobaran Singh and attempted murder of informant Madho Singh under sections 302, 307, 147, 148 and 149. IPC.

3. Two applications for bail made separately by Ratan Singh and Mitta Singh were allowed by Shri R.N.S. Chouhan, Second Additional Sessions Judge, Gwalior by a common order dated 20.11.1992. Aggrieved by that order, informant Madho Singh has filed this revision petition, in which these accused persons are respondents, besides the State of Madhya Pradesh, which is also a respondent. It may be mentioned here that Amar Singh was granted bail on 9.11.1992 by the Court of Sessions. Vishal Singh has also been granted bail on 5.1.1993 by the order of the Court of Sessions. Bhattu Singh alias Bharat Singh has been granted bail by the order of the High Court dated 22.1.93. Ramnath Singh has not so far even made an application for bail.

4. It may be appropriate at this stage to notice, on the basis of post-mortem report, that deceased Sobran Singh had received as many as nine injuries, all of them incised, on his head, throatand both thighs. All those injuries were deep-cut injuries, which had resulted in instantaneous death of Sobran Singh at the spot.

5. It was urged on behalf of the petitioner in support of this revision petition that learned Additional Sessions Judge exercised his discretion most improperly to grant bail to accused/respondents Ratan Singh and Mitta Singh. On the other hand, Shri J.P. Gupta, appearing for these respondents, argued that learned Additional Sessions Judge, after considering proper material, had exercised a discretion in granting bail and there was no ground to interfere with the said discretionary order. It was also emphasized that bail having been already granted, very cogent and overwhelming reasons would be necessary for canceling the bail. Reliance was placed on observations contained in the decisions: Delhi Administration v. Sanjay Gandhi in AIR 1978 SC 961 and Bhagirath Singh v. State of Gujrat in AIR 1984 SC 372. It was also argued that power to grant bail has not to be exercised as if punishment before trial was being imposed. The only material considerations at the time of considering a bail application should be, whether in the event of bail being granted, th