S.S.SANDHAWALIA, J.

1. The inherent quest for certainty and uniformity in the law, even in the discretionary arena of the grant or refusal of bail in substantive appeals on capital charges pending in the High Court has in essence necessitated this reference to the Full Bench.

2. More than four years ago the first information report against the petitioner and others was registered at Garkha Police Station, Garkha, on the 22nd July, 1982. on charges of murder and other offences. The petitioner was arrested soon thereafter and following the somewhat expeditious investigation the prosecution filed the charge sheet against the petitioner and his co-accused who were then committed to trial before the Court of Session. He was finally convicted for offences under Sections 302 read with S.34 and 333 IPC as also under S.27 of the Arms Act and was sentenced to life imprisonment on the capital charge and for two years and one yeas, respectively, on the charges though the sentences were to run concurrently. Throughout the trial, the petitioner was declined bail and remained in custody.

3. Criminal Appeal No. 151 of 1985 (Anurag Baitha V/s. State of Bihar) was then preferred by the petit