P.R. Sharma, J.

1. This order shall govern Criminal Misc. Petitions Nos. 116, 117 and 118 of 1960 also.

2. A case under Sec. 307 I.P.C. was registered by the Madhoganj Police against the present petitioner Sukhlal and his three brothers Gulabsingh, Beharilal and Khuman. Be-fore their arrest could be effected all the four persons named above applied to the Sessions Judge Gwalior u/s. 498 Cr. P.C. for being released on bail Their applications were rejected on the sole ground that as they had not been put under arrest no order for bail could be granted. The learned Sessions Judge has dealt with at some length the decision of Hemeon J, in the case of State vs. Hasan Mohammad (A. I. R. 1951 Nag. 471) and a recent decision of this Court in Abdul Karim vs. State (1959 J.L.J. 480). He has preferred to follow the decision of Hemeon, J. I do not feel called upon in the present case to pronounce upon the propriety of the course adopted by the learned Sessions judge. I would only like to impress on his mind that In dealing with a matter of this type he should express his views in a manner which is not found to be lacking in form or propriety. I am definitely of the opinion that the learned