( 1 ) THE question which requires consideration here is whether a second bail application at the instance of a convicted accused in a pending criminal appeal is maintainable.

( 2 ) THE applicant-Dal Chand along with four other accused was convicted under Ss. 148, 307 and 302 read with S. 149, I. P. C. and was sentenced to various terms of imprisonment including imprisonment for life by the judgment and order dated 27-5-1995 of VIth Addl. Sessions Judge, Bijnor in S. T. No. 228 of 1992. He preferred an appeal against his conviction and sentence and also moved an application for bail. The appeal was admitted on 31-5-1995 and the prayer for bail was ordered to be considered after receipt of record. After the trial Court record had been received, the bail application of the applicant was heard by Honble G. Malaviya, J. who rejected the same by the order dated 31-7-1995. The applicant then moved a second application for bail which came up for hearing before Honble G. Malaviya, J. on 8-9-1995 who was of the opinion that in an appeal against conviction no new facts can emerge after rejection of the first bail application and hearing of second bail application would amount