M. P. Varma, J.

Short facts giving rise to this application under section 397 and 401 or the Code of Criminal Procedure, are as follows. The aforementioned petitioners were convicted, by a Judicial Magistrate, second class, Siwan, under JUDGMENT : dated 5.5.1977 in T. R. Case No. 290/77, G. R. No. 355/69, for offences under sections 225 and 147 of the Indian Penal Code and petitioner nos. 1, 4 and 5 were also found guilty and convicted for the offence under section 323 of the Indian Penal Code and they all were sentenced to vorious terms of imprisonment and also to pay fine.

2. The petitioners preferred an appeal before the Sessions Judge at Siwan which 'was registered as Criminal Appeal No. 140 of 1977 which was, put up for admission on 26.5.77. The learned Sessions Judge, was not holding court on this date and therefore, the appeal was put up before an Additional Sessions Judge Incharge for admission. The Additional Session Judge being not empowered to admit the appeal for hearing, passed it preliminary ORDER :for grant of bail to the petitioners and the appeal was posted for 30.5.77 for hearing on the question of 'admission.' The appeal, however, was put up before the le