IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.  610  OF 2011 (ARISING OUT OF SPECIAL LEAVE PETITION(CRL.)NO.1894 OF 2010)

MD.HABIBUR RAHMAN ... APPELLANT(S)

VERSUS

STATE OF BIHAR ... RESPONDENT(S)

O R D E R

Leave granted.

Heard learned counsel for the parties. This  Court,  by  the  order  dated  10.01.2011  passed  the  

following order :

“Learned counsel appearing for the petitioner submits  that the petitioner has deposited the entire amount  with interest and an affidavit to that effect shall  be filed within two weeks.  Learned counsel appearing  for  the  respondent  may  seek  instructions  in  that  regard within two weeks thereafter.

List this matter after four weeks.”

Thereafter, the matter was listed on 14.02.2011.  At that  

time,  the  Office  Report  of  11.02.2011  was  placed  before  the  

Court in which it is mentioned that the appellant has not filed  

any  affidavit  regarding  depositing   the  entire  amount  with  

interest so far. On 17.02.2011, the appellant filed an affidavit  

indicating  therein  that  the  amount,  with  interest,  has  been  

deposited.  On 21.02.2011, when the matter came up before the  

Court, there was no Office Report indicating that the amount has  

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been deposited with interest and  that  is why the Special Leave

Petition was dismissed on that date.  

Since the appellant has deposited the entire amount with  

interest, therefore, we recall the order dated 21.02.2011.  

We  direct  that,  in  the  event  of  arrest,  the  appellant  

shall be released on bail on furnishing personal bond for a sum  

of  Rs.20,000/-  with  one  surety  in  the  like  amount  to  the  

satisfaction of the Arresting Officer.

The appeal is disposed of accordingly.  

.................J. (DALVEER BHANDARI)

.................J. (DEEPAK VERMA)

NEW DELHI; 1ST MARCH, 2011