Sen, J—The applicant Niyamat Khan was arrested under Section 420, Penal Code, and released on bail. On 20-5-1948 Shri S.S. Khandekar, Magistrate First Class, Wardha, passed the following order: Each of the two accused (Niyamat Khan and Abdul Sattar) who are already on bail be bound over for Rs. 100 with one surety local for Rs. 500. They are directed to appear on 4.6-1948.

2. On 4-6-1948 an application was made on behalf of the police that heavy bail should be taken from the applicant for the reasons stated in the application. The relevant portion of the order passed on 4-6-1948 by Shri Khandekar was as follows: With a view to enforce their attendance in the Court regularly I order that each of the two accused should execute a bond of Rs. 5000 with the usual surety of Rs. 500 already ordered by me. Their bank deposits will be their security in this case as they do not possess any other property.

3. On 28.1-1949 an application was made by the applicants for the release of the money in the bank. It was dismissed on the same date by Shri Khandekar.

4. The applicants again applied to Shri Pande, Magistrate First Class, to release the money in the Bharat Bank, Wardha, detained by t