KASLIWAL J.

( 1 ) THE accused Damo submitted a second bail application under section 389 Cr. P. C. in S. B. Criminal Appeal No. 312/1984. Learned Public Prosecutor placing reliance on a decision of Division Bench of this Court in Ramju v. The State of Rajasthan raised an objection that the Court cannot pass an order for an early hearing of the above appeal. Learned Single Judge referred the following question for decision by a larger bench: Whether the law laid down in Ramju v. State (supra) admits of no exception and feters the discretion of a Judge in ordering a case to be listed at an early date even Though the case involves a shorter sentence and can be disposed of in a considerable shorter period? In these circumstances, the matter has come before us for considering the correctness of the decision given in Ramjus case (supra ).

( 2 ) IN Ramjus case (supra) third bail application was moved by the accused petitioner which came up for consideration before the Division Bench. It was held in the above case that it was the practice of the courts that whenever a request was made for early hearing of the case out of turn, it was accepted while rejecting the application for s