( 1 ) THIS Special Bench has been constituted by the Honble the Chief Justice for considering whether the procedural directions given by the learned Single Judge in the present application by order dated 29-7-2004 should be followed and all the subsequent bail applications under Sections 438 and 439 of the Code of Criminal procedure be notified before the appropriate bench as per the roster, except the applications tiled under Section 439 after the submission of charge-sheet, or whether the present practice of notifying the subsequent bail applications before the same Judge, who decided the earlier bail application of the accused, be continued to be followed. The Honble the Chief Justice, "looking to the importance of the matter and also the fact that this question may pose problems in future", has directed that the said question be placed for consideration and decision before this Bench.

( 2 ) IT is stated in the present miscellaneous Application that the petitioner had earlier filed in this Court, miscellaneous Criminal Application no. 8778 of 2003 before the filing of the charge-sheet, which was rejected as withdrawn on 23rd October 2003 by the learned Sing