Judgment

SUBBA RAO, J. :I have perused the judgment prepared by my learned brother Mudholkar, J. I agree that the appeal should be dismissed. But I would prefer to give my own reasons for doing so.

2. The facts giving rise to this appeal are simple. The appellant is a medical practitioner and during the year 1959 he was acting as Deputy Superintendent, Jahanabad Sub-Divisional Hospital and Superintendent, Sub-Jail, Jahanabad. A criminal case was pending before the Court of the Munsif-Magistrate, First Class Jahanabad, and the two accused therein filed a petition in that Court for releasing them on bail. On October 3, 1959, the learned Munsif-Magistrate called for a report from the said medical officer of his opinion on the health of the said accused. The said officer examined the accused and sent the following report to the Munsif-Magistrate.

"Examined accused Ramsewak Dusadh and Ramdeo Dasadh of village Havellipur, P. S. Ghosi, district Gaya, and found that both of them are suffering from Hookworm infections and are anaemic."

On October 19, 1959, the learned Munsif-Magistrate made the following order granting bail to the said accused :

"In view of the order dated 3-10-1959 a petition s