MD.HABIBUR RAHMAN Vs STATE OF BIHAR
Bench: DALVEER BHANDARI,DEEPAK VERMA, , ,
Case number: Crl.A. No.-000610-000610 / 2011
Diary number: 5657 / 2010
Advocates: SATISH VIG Vs
GOPAL SINGH
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