SUDIP RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Mr. Sangam Kumar Sahoo, learned counsel for Opposite Party No. 2.

(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 petitioner to the effect that the petitioner No.1 -Sudip Rath had been granted bail earlier and in consideration of the said submissions, 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.

(3.) 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 petitioner has misrepresented to this Court that Petitioner No.1 -Sudip Rath had been granted bail earlier but in fact, the petitioner had only granted interim bail for the period as aforesaid and that too for the treatment of his arthritis problem.