JUDGMENT Mitra, J. - In this application for bail we do not propose to say anything which will look like a pre-judgment on the evidence that has already been adduced. Ordinarily, we do not allow bail in cases like the present but we have power under sec. 498 of the Code to direct that any person should be admitted to bail in any case. The first matter which we have to look to is whether, in the words of sec. 497, there appears now reasonable grounds for believing that the accused persons are guilty of the offence of which they have been accused. If there appear no reasonable grounds for such a belief the Magistrate who is now holding the enquiry before commitment had the power to direct that the persons accused should be released on bail; and in the exercise of the power which is given to us by sec. 498 of the Code, we can revise the order of the Magistrate and say that he should have exercised his discretion in granting bail. 2. The facts of this case are somewhat peculiar, and though there is some evidence which may go before a jury we should, in considering whether we should grant bail or not, have regard to the following:--Ghaseeram was found dead on a footpath on the night of the 13th July. There was the usual inquest before the Coroner's jury and on the 4th August the Coroner's jury declared that the case was one of murder and by a majority of five they declared that the act was committed by some persons unknown. The evidence that is now before the Second Presidency Magistrate who is holding the enquiry is the deposition of the wife of the deceased and she was also examined before the Coroner's jury. The Coroner's jury by a majority, notwithstanding her statement, pronounced that the offence was committed by some person or persons unknown. 3. After the verdict of the Coroner's jury four persons were arrested, Gopal, Srimani, Hanuman Baksh and Bal Makund, and they are, as we understand, upon trial. The case against the Petitioners is not quite consistent with the case against the four other accused.
3. After the verdict of the Coroner's jury four persons were arrested, Gopal, Srimani, Hanuman Baksh and Bal Makund, and they are, as we understand, upon trial. The case against the Petitioners is not quite consistent with the case against the four other accused. On the conflict as regards the cases against the different persons accused in the same case of murder, and the verdict of the Coroner's jury, we think it proper that until further evidence is adduced implicating the Petitioners they should be released on bail. It may be that further evidence being adduced the Magistrate will find that reasonable grounds have been made out for believing that these persons are guilty; but until that time the Petitioners, we think, should be released on bail, and we direct accordingly. 4. The bail however must be substantial and we direct that they should be released on bail of Rs. 50,000 each with two sureties to the satisfaction of the Presidency Magistrate. If, as we have said above, it appears subsequently on the production of further evidence that a case has been made out against the Petitioners or any of them, it will be competent for the Magistrate to declare the bail-bonds cancelled and to direct the accused to surrender.