Code of Criminal Procedure, 1973–Sec. 438–Order of granting anticipating bail–Set aside by High Court on the ground that fourth Additional Sessions Judge should have been advised to place the matter before the same judge who had declined to grant the bail earlier–It was the duty of the prosecution to bring it to the notice of Judge–Held, this Court has concurred with the view of High Court–However, the appellant is granted liberty to move the fresh application and the bail granted in favor of appellants would be remain in force.
