RABINDRA KUMAR BARDHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the State and the learned counsel for the opposite parties 2 to 4.

(2.) THIS application has been filed for cancellation of bail granted by the learned Additional Sessions Judge Jagatsinghpur on 30.7.2003. Case of the petitioner is that the opposite parties 2 to 4 had earlier approached this Court in BLAPL No.2389 of 2003 for grant of anticipatory bail and by order dated 1.5.2003 this Court rejected prayer for anticipatory bail and directed the opposite parties 2 to 4 to surrender and move for bail. Without complying with the aforesaid order the opposite parties 2 to 4 moved the learned Additional Sessions Judge for grant of anticipatory bail again vide Bail Application No.287 of 2003. On 14.7.2003 said application for grant of anticipatory bail was rejected. Thereafter another application was again filed under Section 438 Cr.P.C. by the opposite parties 2 to 4 before the said Additional Sessions Judge vide Bail Application No.367 of 2003 and the prayer for anticipatory bail was allowed vide order dated 30.7.2003. Further case of the petitioner is that the fact of rejection of prayer for anticipatory bail by this Court as well as by the learned Additional Sessions Judge earlier on 14.7.2003 had been suppressed and in the impugned order the opposite parties were granted anticipatory bail. Considering the submission of the learned counsel for the petitioner, this Court had called for the records.

(3.) I , accordingly, dispose of this application directing the learned S.D.J.M., Jagatsinghpur to draw up an appropriate proceeding against the opposite parties 2 to 4 for filing false affidavits by suppressing materials facts on 16.7.2003 before the learned Additional Sessions Judge, Jagatsinghpur in Bail Application No.367 of 2003. The records of Bail Application No.367 of 2003 as well as Xerox copies of the orders passed by this Court in BLAPL No.2389 of 2003 be immediately sent to the learned S.D.J.M., Jagatsinghpur for taking further action at his end. Urgent certified copy of the order be granted on proper application. Application disposed of.