+ Serial Nor. of Order Date of Order Orders ts'ith signature Office Note as to action (Ir any) taken on order Present: Mr. Karma Thinlay, Additional Public Prosecutor for the State-Revitionist/ Petitioner. Mr. D. R. Thapa, Advocate for the Accused-Respondent. This Revision Petition filed by the State of Sikkim is directed against the Order dat:ed lst September, 2008 passed by the learned Chief Judicial Magistrate (E & N) in Crl. Misc. Case No.135 of 2008 (State vs. Om Nath Adhikari) whereby the learned Court had granted bail to the respondent herein. Heard the learned counsel for the parties. Mr. D. R. Thapa, learned counsel appearing on behalf of the accused- respondent submit:ted that t:he imgpuned order being a bail order is an interlocutory one and no revision would lie. In answer to this question, the learned Additional Public Prosecutor without disputing t:he position of law with regard to the revision of bail order submiited that he will confine his prayer only to expunction of remarks. The only grievance made by the learned Addit:ional Public Prosecutor for the State is that the Court while passing the bail order made an observation which, according to him, is uncalled for and is prejudicial to the interest of the prosecution. It is also submitted that the observation, if allowed to remain on record _ i < ® Serial No. of Order Orders `Tj§h signature Office Note as to action ([J any) taken on ol.der accused. The observation in question which occurs in paragraph 7 of the impugned order is as follows:- I find that the petitioner who is a R.D.A. working under RMDD is not liable for the offence as he is not directly connected with the alleged offence." It is a settled law that while deciding a bail application the Court is required to confine it:self to the question of pr/.rr}a fac/.e case and must totjch only the barest minimum facts necessary to come to the conclusion about the existence or otherwise of a pr/-rna fac/.e case. Keeping this position of law in view it goes without saying that the observation made by the learned trial Court while granting the bail is uncalled for and as submitted by the learned Additional Public Prosecutor amounts to implied discharge of the accused. Accordingly, the petition is allowed and the observation quoted above is hereby expunged from t:he impugned order. This petition stands disposed of. Send a copy of this order t:o t:h concernedcourtfor,nfofiandgu,dance ( Justice A. P. Subba ) Acting Chief Justice 26-11-2008 A]£rfuTh O_ "-"~fe