Oza, J.-

1. This revision petition has been filed by State against an order passed by the Chief Judicial Magistrate Jhabua releasing the non-applicants on bail on 17-5-1979. Aggrived by the same order the complainant has also filed Miscellaneous Criminal Case No. 26-2-1979.

2. The main grievance urged in these two petitions is that the Chief Judicial Magistrate could not have entertained the application under section 439 for grant of bail in a case where the accused is charged with an offence under section 302 IPC. It was also brought to my notice that in fact the learned Chief Judicial Magistrate granted ball on the day on which the application was filed. But the order does show that the case diary was perused.

3. The Sessions Judge Jhabua was directed by this Court to report if there was any authorization made in favour of the Chief Judicial Magistrate, authorizing him to entertain such urgent applications, either by the High Court under section 9 or by the Sessions Judge under section 10 of the Code of the Criminal Procedure. The Sessions Judge with his report has sent an order passed by the Sessions Judge Jhabua dated 16th June 1975 wherein he has ordered:

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