HARIDWAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) During the course of hearing of Miscellaneous Appeal No. 285 of 2003 (Haridwar Pandey v. The State of Bihar) by a Division Bench there arose dispute relating to maintainability of present appeal under Section 19(1) of the Contempt of Courts Act, 1971. Both the Hon'ble judges recorded different findings and differed in their conclusion. Hon'ble Mr. Justice S.N. Jha after recording the detailed order observed that the appeal against the order refusing bail under Section 14(4) of the Act would be maintainable under Section 19 of the Act. While Hon'ble Mr. Justice B.N.P. Singh by his detailed order observed that the appeal would not be maintainable. In view of the difference in opinion, the matter has came up before me.

(3.) Before dwelling upon the issue of maintainability it is necessary to record certain facts. One Haridwar Pandey S/0 Late Ramdutt Pandey had filed Gr. Misc. No. 21709 of 2003. In the said matter, the appellant/applicant sought modification of the earlier order, passed by Hon'ble Mr. Justice Chandramauli Kumar Prasad.