SARKARIA, J.:- The principal question raised in this appeal by special leave is: Whether Section 465 of the Code of Criminal Procedure 1898, is applicable to proceedings in reference under S. 374 pending before the High Court for confirmation of the death sentence awarded to an accused by the Court of Session?

2. It arises out of these circumstances. Sindhi alias Raman was tried, convicted and sentenced to death on 13-8-1969 by the Additional Sessions Judge, Greater Bombay for the double murder of two brothers, Lal Chand Jagannath Yadav and Dullar Jaggi Yadav in Chinchavali Farm at Malad on the night between the 25th and 26th of August, 1968. Sindhi did not appeal against the order of his conviction. But the trial Judge made a reference under S. 374 of the Code to the High Court for confirmation of the death sentence. The reference came up for hearing towards the end of 1969.

3. On 22-10-1969, the prisoner expressed a desire to be present at the hearing of his case before the High Court. Two Advocates, namely Shri D. H. Bane with Shri Mengde as the Senior, were appointed as amicus curiae to defend the condemned prisoner in the High Court. After interviewing the prisoner in Ja