S.S.SANDHAWALIA, J.

1. The primary question that calls for determination in this case is the true principle that should govern the grant of bail to accused persons who stand acquitted after trial upon a capital charge but whose acquittal has been challenged by way of appeal by the State under Section 417, Criminal Procedure Code, and such appeals have been admitted in this Court.

2. The matter first came up before my learned brother Tewatia, J. and myself and the view we were then inclined to take was at variance with that expressed in two Division Benches of this Court which in turn had followed the decision in The State V/s. Badapalli Adi ILR (1955) Cut 589. Hence the necessity for the constitution of this Full Bench.

3. The facts are not in dispute. The six petitioners were brought to trial on charges of murder and other subsidiary offences before the Additional Sessions Judge, Barnala, and stand acquitted on all those charges by his Judgement dated the 15th of February, 1971. Dissatisfied with the acquittal the State preferred an appeal in this Court which stands admitted by the order of the Division Bench of June 11, 1971, and non-bailable warrants against the petition