DARA GADDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since we are not allowing the special leave petition, we would not have ordinarily said anything beyond passing the order, but there are peculiar circumstances in the present case which impel us to make a few observations. The circumstances are in fact a little bizarre. The petitioner made an application for bail before the Ranchi bench of the High court. The application for bail came up for hearing before Mr. Justice R. C. P. Sinha who, by an order dated 29/04/1986, dismissed the application with the following observation: The application is dismissed for the present. However, if advised, the petitioner will be at liberty to renew his prayer for bail after four months first before the Judicial Commissioner, Ranchi.

(2.) It seems that some time thereafter the wife of the petitioner became seriously ill and she had to be removed to Vellore for treatment. The petitioner, being perturbed by this unfortunate development, made an application before the Ranchi bench of the High court on 28/05/1986 praying for grant of provisional bail on account of the serious illness of his wife. It was stated by the petitioner in the application in paragraph 2 : That the petitioner has moved for hail earlier before this Hon'ble court in Criminal Misc. No. 1979 of 1986 (R) which was dismissed on 29/04/1986 by Hon'ble Mr. Justice R. C. P. Sinha.

(3.) The petitioner thus did not suppress the fact that bail had earlier been refused to him by Mr. Justice R. C. P. Sinha. This application came up for hearing before Mr. Justice M. M. Prasad, another Judge on theranchi bench. Mr. Justice M. M. Prasad, after hearing counsel for the petitioner and the State, made an order on 5/06/1986 dilecting release of the petitioner on provisional Bail for a period of three months on furnishing bond of Rs. 5,000. 00. The petitioner was thus released on provisional hail for a period of three months from 6/06/1986.