(1.) THE correctness of the Full Bench decision in Raj Narain v. The State, (AIR 1959 All 315) (FB), and the Division Bench decision in Sadhu Singh v. State, (AIR 1962 All 193) has been referred to this Bench for consideration. In all the four cases an application for bail was also moved and these applications have also been referred to this Bench for orders.
(2.) THE material facts of the case are that Mahesh and Madan, applicants, were tried along with others in three robbery cases - two at Bulandshahr and the third at Meerut. The defence of Mahesh in all the three cases was that he was arrested by the police on July 2, 1966, and not on July 3, 1966. The two cases of Bulandshahr were tried first and the Sessions Judge disbelieved the defence plea and convicted both Mahesh and Madan. Appeals against their conviction were dismissed by Lokur, J. The Sessions Judge trying the case at Meerut, however, accepted the defence plea and acquitted the applicants. The State did not prefer any appeal against the order of acquittal.
(3.) IT was after the dismissal of the Criminal Appeals that Mahesh moved the present applications for the re -hearing of the appeals after admitting additional evidence in respect of the telegram which the father of Mahesh, had sent on July 3, 1966, alleging that Mahesh had been arrested the previous day. Madan also moved similar applications relying upon the acquittal of Mahesh in the Meerut case. Both of them also applied for bail pending the decision of the applications.
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