directed to surrender before the Magistrate, move for regular bail and then move the above petition. The learned counsel has produced the order of the court below indicating that he has surrendered and thereupon granted bail by the Magistrate. Offences imputed against the accused who are alleged to have committed the crime as members of an unlawful assembly fall under Sections 143, 147, 148, 448 and 323 read with Section 149 of the Indian Penal Code. Going through the judgment rendered in C.C.No.133 of 1998, a copy of which is produced with the petition, I find, other than the evidence of the de facto complainant, there was nothing more to sustain the prosecution case. The evidence of the de facto complainant was also found by the Magistrate not inspiring confidence, which ended in acquittal of the accused tried in that case. Having regard to the time lag after passing of that judgment, at this point of time, I find, even if the trial proceeds against the petitioner/accused in the split up case, chances of successful prosecution are rather remote. Most probably, continuation of such prosecution may result only in wastage of precious time of the court. Though
