STATE Vs. ORAVASH CHANDRA SARKAR

JUDGEMENT

(1.) THIS relates to an application for recalling of order dated 06.01.2014 and 06.08.2013 passed by this Court. The case of the present petitioner is as follows: - One Pravash Chandra Sarkar, the Secretary of the Managing Committee of Purgram S.C. High School on 25.11.12 lodged a written complaint against the present petitioner Opposite Party No. 2 with the Kaliaganj P.S. that he defalcated Rs. 1.75 lacs without any authority. Apprehending arrest, the present petitioner filed an application for anticipatory bail in the court of learned District Judge, Uttar Dinajpur at Raigunge. On hearing of both sides, the learned Court granted anticipatory bail to the Opposite Party No. 2. Against the said order of anticipatory bail, Pravash Chandra Sarkar lodged CRM 470/2013 before the 2 Hon'ble court with a prayer for the cancellation of bail granted to the Opposite Party No. 2.

(2.) ONE Sujata Das, learned counsel for the petitioner could not remain present at the relevant point of hearing on 6.8.13. So, on hearing of the complainant as well as the learned counsel for the State the Hon'ble Court cancelled the anticipatory bail on 6.8.13 and directed the present petitioner/Opposite Party No. 2 to surrender before the learned Court below on or before 3.9.13.

(3.) THE learned counsel for the petitioner/Opposite Party No. 2 not only filed written argument but also made oral submission by stating that Section 362 of the Code of Criminal Procedure has no manner of application for recalling of the order of bail or anticipatory bail or for cancellation of the bail because it is neither a final order nor a judgment in the eye of law. 3