Short Note : 1. Shri C R. Mukherjee, counsel for the applicant. Shri R.B. Tiwari Panel lawyer for the State. They are heard on the question of grant of bail. Shri Tiwari says that inspite of a requisition sent from the Government Advocate's office on 27-5-1978, the police concerned has not cared to send the case diary. Held: Learned Additional Sessions Judge in his order dated 1-5-1978, which has been filed along with the application, stated: vkosnd ,sls dksbZ dkj.k ugha crk ldk gks ftl ij fopkj dj ekuuh; mPp U;k;ky; us mu vfHk;qDrksa dks fjgk fd;k gks tks fd bl vkosnd ij ykxw gksA 2. The aforesaid gloss on the order of this Court by the learned Additional Sessions Judge is wholly uncalled for. It is none of the business of the learned Additional Sessions Judge concerned to have so observed. If this Court in its wisdom, did not think fit to express any opinion on facts. obviously to avoid influencing the merits of the case, the learned Additional Session Judge cannot expect the lawyer appearing on behalf of the applicant to point out the reasons for granting bail by this Court. The approach of the learned Additional Sessions Judge, therefore, does not appear to be proper. 3. The case of the present applicant does not appear to be distinguishable from the other four co-accused who have been already enlarged on bail. Apart from this the police has withheld the case diary. In view of these circumstances, I deem it fit to grant bail. Application allowed.