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2010 DIGILAW 313 (ORI)

Sudip Rath v. State of Orissa

2010-04-30

I.MAHANTY

body2010
ORDER Heard Mr. Sangam Kumar Sahoo, learned counsel for Opposite Party No. 2. The present misc. case has been filed by the Opposite Party No.2-informant seeking recall of the order dated 8.1.2010 passed by this Court in CRLMC No. 4065 of 209 since the same is based on an erroneous statement made by the learned counsel for the peti¬tioner to the effect that the petitioner No.1-Sudip Rath had been granted bail earlier and in consideration of the said submis¬sions, directions were issued to the petitioner-Sudip Rath to appear before the learned S.D.J.M., Puri within a period of three weeks and also directions were issued to release the petitioner on bail on the same terms and conditions as was fixed earlier. Learned counsel for Opposite Party No. 2 submits that on which date the impugned order was passed, he had not been instructed by his client properly and it was learnt that Peti¬tioner No.1-Sudip Rath had only been granted interim bail for a period from 10.3.2009 to 25.3.2009 on the ground of treatment of his arthritis problem. On 25.3.2009 interim bail application was rejected and N.B.W. was issued for his arrest. Certified copy of the order-sheets of the Court below has been appended to the present application. On perusal of the same, it fairly appears that learned counsel appearing for the peti¬tioner has misrepresented to this Court that Petitioner No.1-Sudip Rath had been granted bail earlier but in fact, the peti¬tioner had only granted interim bail for the period as aforesaid and that too for the treatment of his arthritis problem. Considering the aforesaid facts, I have no hesitation to recall the order dated 8.1.2010 and dismiss the CRLMC on the ground of suppression of material facts and I order accordingly. It is stated by the learned counsel for Opposite Party No. 2 that in compliance of the order of this Court dated 8.1.2010, Petitioner No. 1-Sudip Rath surrendered and released on bail by the learned S.D.J.M., Puri on 18.1.2010. Since, the order dated 8.1.2010 passed in CRLMC No. 4065 of 2009 is rejected, the learned S.D.J.M., Puri is directed to recall his order of granting bail to the petitioner-Sudip Rath. However, it shall be open for the petitioner to move a fresh application for regular bail, if he so advised. Since, the order dated 8.1.2010 passed in CRLMC No. 4065 of 2009 is rejected, the learned S.D.J.M., Puri is directed to recall his order of granting bail to the petitioner-Sudip Rath. However, it shall be open for the petitioner to move a fresh application for regular bail, if he so advised. If such an appli¬cation is filed, the same shall be considered and disposed of by the Court below on its own merit without being influenced by the observation made herein. The Misc. Case is disposed of. Urgent certified copy of this order be granted on proper application. Misc. Case disposed of.