Kulshrestha, J.–1. "Whether the second or successive bail applications in a pending appeal or bail application under section 389 or 437/439, Cr. P.C. should be considered by the Bench which has considered the first bail application unless the Court which decided the first application is not available for a sufficient duration, such as "when the Court is in vacation" is the question referred for our answer by a Division Bench of this Court in the context of an earlier decision of a Division Bench at Indore Seat in Gopal v. State of MP. [1999 (2) Vidhi Bhasvar 22] viewed as conflicting with the ratio of a full bench decision of this Court in Narayan Prasad v. State of Madhya Pradesh (1993 JLJ 225 = 1993 MPLJ 1) and the decision of the Supreme Court in Shahzad Hasan Khan v. Ishtiaq Hasan Khan (AIR 1987 SC 1613).

2. The appellant has filed the present appeal against the Judgment dated 20.8. 1996 of the learned First Additional Sessions Judge, Hoshangabad, in Sessions Trial No. 102/95, by which he has been convicted of an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life. Along with the appeal, an application I.A. No. 6659/96 for su