JEESAN 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 147,148,307, read with Section 149 IPC and for the offence under Section 302, read with Section 149 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 307/149 IPC and a fine of Rs. 6,000/- each for the offence under Section 302/149 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 25 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.) 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 389 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.