Judgment

P.N. BHAGWATI, J. - This is an application for bail pending the hearing of an appeal by special leave. The appellant was convicted by the Sessions court for an offence under Section 323 of the Indian Penal Code and sentenced to suffer six months rigorous imprisonment. There was also a charge against the appellant for an offence under Sec. 302 of the Indian Penal Code but he was acquitted of that offence by the Sessions Court and hence the State preferred an appeal against the order of acquittal to the High Court. This appeal was allowed and the High Court set aside the order of acquittal and convicted the appellant of the offence under Sec. 302 and sentenced him to suffer imprisonment for life. The appellant thereupon preferred a petition for special leave to appeal to this Court and special leave was granted to him on 28th February, 1974. The appellant filed an application for bail pending the hearing of the appeal, but the application was dismissed on 10th January, 1975. Since the appeal did not reach hearing for a long time, the appellant preferred another application for bail and that is the application which is now being disposed of by this judgment.

2. The appellant co