It has how become the common practice and usage of the lower courts and as well as higher courts to use case diaries maintained by police under section 172 Cr. P.C. for consideration of bail applications filed by the accused under various provisions of Code of Criminal Procedure. The case diaries are being used by courts in most cases where final report under Section 173 Cr. P.C. has not been submitted by police and before expiry of the statutory period of detention under Sec. 167 Cr. P.C. The practice of using case diaries at the stage of consideration of bail is not only against the mandatory provisions of law, but the judicial pronouncements of different courts also prohibit the same. In considering bail applications orders like "call for case diary" for disposal thereof by courts are becoming so common that the time has come when some rethinking is required to be done in the light of intention of legislature in its proper perspective. Apart from serious ....