Rakesh Tewari, J. - (1.) THE appellants have filed this appeal against the judgment and order dated 10.9.2003 passed in S.T. No. 486 of 2000, State v. Jeesan and Ors. convicting the appellants for the offences under Sections , , , read with Section IPC and for the offence under Section , read with Section IPC with imprisonment of one year, one and a half years, 7 years and life imprisonment respectively. The appellants have further been sentenced with a fine of Rs. 3,000/ - each for the offence under Section / IPC and a fine of Rs. 6,000/ - each for the offence under Section / IPC with default stipulation. The appellant Jeesan and Israr have further been convicted and sentenced with imprisonment of two years for the offences under Section Arms Act.
(2.) IN the grounds of appeal, a prayer has been made that the appellants may be released on bail and the realisation of fine may be stayed. A preliminary objection has been raised by the learned AGA that the prayer made in the appeal for grant of bail cannot be treated as a separate application for bail which is to be granted on different considerations under Section Cr.P.C. He submits that an application for bail filed along with the memorandum of appeal is to be treated as first bail application and any subsequent bail application has to be numbered as second, third and fourth etc which would be in consonance with Clause (4) of Rule 18 of Chapter XVIII of the High Court Rules.
(3.) WE have heard the learned AGA and the learned Counsel for the appellants and have perused the record and the relevant rules etc placed before us. We have also requested the Registry to place all the relevant record with regard to this controversy referred to later in this judgment. The question arises for consideration is whether a separate application for bail is required to be filed and marked as first bail application along with the petition of appeal in terms of Rules 8 (2) (4), 18(1), 18(3) (a), 18(3) (b) and 18 (4) of Chapter XVIII of the Allahabad High Court Rules. In this connection Rules 8 and 18 of Chapter XVIII of the Allahabad High Court Rules may be referred, which are as under: 8. Cases to be registered and numbered - - - - -(1) After an appeal or revision has been admitted it shall be registered and numbered. (2)The following application shall be registered and numbered after presentation as Criminal Miscellaneous cases, namely: (a) application for bail; (b) application for cancellation for bail; (c) application for transfer of a case; (d) application for withdrawal of a case from a subordinate Court; (e) [***]; (f) application under Section of the Code of Criminal Procedure, 1973; (g) application for stay of operation of order of, or proceedings in, lower court. Such application must be accompanied by the certified copy of the order assailed, including all other documents, if any, on the basis of which a particular order has been challenged; (h) application for the issue of a direction, order or writ under Article of the Constitution in a criminal matter; (i) [application under Sub -section (1) or Sub -section (2) of Section of the Code of Criminal Procedure, 1973]; (j) application for the taking of proceedings in contempt of court;[ and] (k) application under Section of the Code of Criminal Procedure, 1973]; Provided that an application for transfer of cases, shall be accompanied by a copy of the order passed by the Session Judge, if any]; (3) Cases in which the Court takes proceedings under Section or of the Code of Criminal Procedure, 1973 or issue notice for contempts of Court otherwise than on an application and references under Section of the Code of Criminal Procedure, 1973 shall also be registered and numbered as Criminal Miscellaneous Cases. (4) The application aforesaid shall set out the prayer stating clearly the exact nature of the relief sought supported by an affidavit setting out in the form of paragraphs the material facts and grounds upon which the applicant relies. 18. Application for bail. - - [(1) No application for bail shall be entertained unless accompanied by a copy of judgment or order appealed against or sought to be revised and a copy of order passed by the Sessions Judge on the bail application for the applicant and unless the accused has surrendered except where he has been released on bail after conviction under Section of the Code of Criminal Procedure, 1973. Explanation: - The copy of the order refusing bail passed by the Sessions Judge shall either be a certified copy or the copy furnished by the Sessions Judge free of charge to the accused.] (2) Every application for bail in a case, which is under investigation or which is pending in a Lower Court shall state whether application for bail had or had not been previously made before the Magistrate and the Sessions Judge concerned and the result of such applications, if any. (3) Save in exceptional circumstances: (a) No order granting bail shall be made on an application unless notice thereof has been given to the Government Advocate and not less than days have elapsed between the giving of such notice and the hearing of such application. (b) If the application for bail has not been moved within two days after the expiry of the aforesaid period of ten days, the applicant or his Counsel shall give two days previous notice to the Government Advocate as to the exact date on which such application is intended to the moved. (c) Where the prayer of bail is contained in a petition of appeal or application for revision, notice thereof may be given to the Government Advocate the same day prior to the hearing of such petition or application and the fact of such previous notice having been given, shall be endorsed on such petition or application. Along with such notice a certified copy or one attested to be true by the Counsel, of the Judgment appealed from or sought to be revised shall also be given to the Government Advocate. (4) Every application for bail shall show prominently in the first page thereof the crime number, the police station by which, and the section or sections and the Act or Rules under which the applicant is being prosecuted or has been convicted and whether such application in the first, second or any such subsequent application moved by him before this Court, and shall be accompanied by a copy of the first information report. It shall also state the following particulars, namely: (a) The date of the alleged occurrence; (b) The date of applicants arrest; [The Bench Secretary shall while entertaining a bail application for presentation to the Court Check every page thereof and shall affix a rubber stamp containing his initials on every page of the bail application and all the annexures thereto before putting it up before the Court in token of his having checked, every page of the application and he shall, thereafter, make the following endorsement on the bail application: Moved before Hon'ble ...J on...(date). Similarly, the officials whose duty it is to received the bail application from the court after orders, shall affix a rubber stamp containing his initials on the first page of the bail application in token of his having checked that all the pages of the bail application bear the rubber stamp for the Bench Secretary. The rubber stamps containing the initials of the Bench Secretary and the official or officials authorised to receive the fresh bail application from the Court shall be supplied to the Bench Secretaries and the officials by the Registrar of the Court. The application shall not be returned to the applicant or his counsel after the above endorsement has been made]. (5) Every page of the application and every page of the annexures thereto shall bear the full signature of the applicant or his counsel. (6) In every such application shall be stated the full particulars of the previous applicant or applications, if any, moved in this Court by same application in respect of the same crime and the date or dates on which such previous application or applications had been rejected.;