( 1. ) THIS is a reference of the single Bench of this High Court which raises an important and indeed an interesting question relating to the powers of the High Court and the Court of Session to issue directions for grant of anticipatory bail to persons who have been released on bail during committal proceedings and have not yet been committed in custody to the Court of Session for trial, but who apprehend that they may at the time of committing the case to the Court of Session be remanded to custody by the committing Magistrate.

( 2. ) IN this reference we are not much concerned about the facts as they exist before the trial Court, but it would be appropriate to refer and state the essential part of the relevant facts in brief so as to appreciate the points at issue, properly and effectively.

( 3. ) THE factual aspect of this case which emerges out, giving rise to this reference is that one Keshev Ram Dubey lodged a report in the Police Station, Pawai against the four accused/applicants named above (hereinafter referred to as applicants) to the effect that they had kidnapped his daughter. Consequently, the applicants under apprehension of their arrest moved an application