By the Court.—The appellants have filed this appeal against the judgment and order dated 10.9.2003 passed in S.T. No. 486 of 2000, State v. Jeesan and others convicting the appellants for the offences under Sections 147, 148, 307, read with Section 149, IPC and for the offence under Section 302, read with Section 149, IPC with imprisonment of one year, one and a half years, 7 years and life imprisonment respectively. The appellants have further been sentenced with a fine of Rs. 3,000/- each for the offence under Section 307/149, IPC and a fine of Rs. 6,000/- each for the offence under Section 302/149, IPC with default stipulation. The appellant Jeesan and Israr have further been convicted and sentenced with imprisonment of two years for the offences under Section 25, Arms Act.

2. In the grounds of appeal, a prayer has been made that the appellants may be released on bail and the realisation of fine may be stayed.

3. A preliminary objection has been raised by the learned AGA that the prayer made in the appeal for grant of bail cannot be treated as a separate application for bail which is to be granted on different considerations under Section 389, Cr.P.C. He submits that an application for bail filed along with the memorandum of appeal is to be treated as first bail application and any subsequent bail application has to be numbered as second, third and fourth etc. which would be in consonance with clause (4) of Rule 18 of Chapter XVIII of the High Court Rules.

4. We have heard the learned AGA and the learned counsel for the appellants and have perused the record and the relevant rules etc placed before us. We have also requested the Registry to place all the relevant record with regard to this controversy referred to later in this judgment. The question arises for consideration is whether a separate application for bail is required to be filed and marked as first bail application along with the petition of appeal in terms of Rules 8 (2) (4), 18(1), 18(3) (a), 18(3) (b) and 18 (4) of Chapter XVIII of the Allahabad High Court Rules. In this connection Rules 8 and 18 of Chapter XVIII of the Allahabad High Court Rules may be referred, which are as under :

“8. Cases to be registered and numbered.—(1) After an appeal or revision has been admitted it shall be registered and numbered.

(2) The following application shall be registered and numbered after presentation as Criminal Miscellaneous cases, namely-

(a) application for bail;

(b) application for cancellation for bail;

(c) application for transfer of a case;

(d) application for withdrawal of a case from a subordinate Court;

(e) [***];

(f) application under Section 96 of the Code of Criminal Procedure, 1973;

(g) application for stay of operation of order of, or proceedings in, lower Court. Such application must be accompanied by the certified copy of the order assailed, including all other documents, if any, on the basis of which a particular order has been challenged;

(h) application for the issue of a direction, order or writ under Article 226 of the Constitution in a criminal matter;

(i) application under sub-section (1) or sub-section (2) of Section 340 of the Code of Criminal Procedure, 1973;

(j) application for the taking of proceedings in contempt of Court; and

(k) application under Section 378(4) of the Code of Criminal Procedure, 1973;

Provided that an application for transfer of cases, shall be accompanied by a copy of the order passed by the Session Judge, if any;

(3) Cases in which the Court takes proceedings under Section 340(1) or 340(2) of the Code of Criminal Procedure, 1973 or issue notice for contempts of Court otherwise than on an application and references under Section 318 of the Code of Criminal Procedure, 1973 shall also be registered and numbered as Criminal Miscellaneous Cases.

(4) The application aforesaid shall set out the prayer stating clearly the exact nature of the relief sought supported by an affidavit setting out in the form of paragraphs th