( 1 ) THIS revision raises questions of considerable importance in the day to day working of sessions Courts in Uttar Pradesh on the Criminal appellate side. (I confine my remarks to sessions Courts, since District Magistrates in Uttar Pradesh can no longer hear appeals from judgments and orders of Magistrates of the Second and Third classes, and all such appeals now lie to the Court of Session. ).

( 2 ) THE facts are these. Certain persons, all residents of the Allahabad district, were tried before a magistrate at Allahabad for offences under Sections 325 and 323 I. P. C. , and on 28-12-1951 the learned Magistrate pronounced judgment finding them guilty and sentencing them to imprisonment and fine. In view of the sentence of imprisonment they were taken into custody. Against their conviction and sentences they on 5-1-1952 filed an appeal before the Sessions judge of Allahabad. The petition of appeal was not accompanied by a copy of the Magistrates judgment, but along with it was filed a copy of the Magistrates order-sheet or fard-ahkam of 28-12-1951. There was also made an application for bail and stay of realisation of fine for the pendency of the appeal. The learned Se