Judgement

Appeal (No. 87 of 1944), by special leave, from a judgment and order of the High Court (August 21, 1944) which had dismissed an application by the present appellants to be released on bail pending the decision of His Majesty in Council in their appeal, by special leave, from the judgment and order of that High Court (April 26, 1944) whereby the court upheld their conviction of conspiracy to cheat and of cheating the Government under s. 120B read with s. 420 of the Indian Penal Code.

The High Court (Teja Singh J.), on August 9, 1944, held that the correct view was that taken by Blacker J. in Bawa Faqir Singh v. Emperor (( 1938) A. I. R. (Lah.) 697.), that once a High Court has passed an order in a criminal appeal it becomes functus officio and has no seisin of the case, but that seisin may be revived if His Majesty in Council grants special leave to appeal with a direction to the High Court to entertain an application for bail. The High Court accordingly adjourned the hearing of the applica tion for bail to enable it to be ascertained whether the Judicial Committee was moved for bail and whether any directions were given on such application.

After the adjournment a final o