( 1 ) IN the third bail application moved by the petitioner for bail in case Crime No. 53 of 1989 under Section 302, I. P. C. of P. S. Ganj, district Rampur Honble N. L. Ganguli, J. has referred the following question to a larger Bench for an authoritative pronouncement: whether an accused is entitled to be released on bail on the ground of party by moving a second or third bail application in a circumstance that at a later date a co-accused of the same criminal case with a similar role was granted bail by the another Honble Judge before whom with out disclosing the fact that the bail application of another co-accused with similar role had already been rejected, by another Bench, bail was granted.

( 2 ) THE short facts relevant for the decision of the aforesaid question are as under:a First Information Report was lodged against Iqbal, Dildar Khan, Khursheed and Nanha at 11. 10 a. m. on 9. 10. 1989 in the above mentioned police station. Khursheed and Dildar had moved application No. 1865 of 1991 for bail. This application was rejected by Honble V. N. Mehrotra, J. Nanha also moved first bail application which was rejected on 7. 12. 1991. The second application which