(1.) To appreciate the point of law involved, the facts of the case must be set out in some detail.
(2.) It appears that on 1 June 1947, between 6 and 7 p.m., Hazara Singh, son of Atma Singh of village Muradpur was beaten very severely. Hazara Singh died of the injuries sustained and Sohan Singh, son of Bur Singh Jat of village Muradpur, district Amritsar was sent up for trial for the murder of HazaraSingh in the Court of the Additional Sessions Judge, Amritsar. The case was to be tried as a summons case under the provisions of the Punjab Public Safety Act, 1947, and after the examination of Sohan Singh accused on 25 August 1947, the case was adjourned for trial to 3 October 1947.
(3.) In the meanwhile, Sohan Singh applied for bail and on 20 September 1947, he was released on bail of rupees ten thousand with one surety of the same amount. Deva Singh son of Sundar Singh, Jat of village Usman, Tahsil Tarn Taran, District Amritsar, stood surety for the appearance of Sohan Singh accused.