JEESAN AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(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.

(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: