TRIBHUBHAN NATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Miscellaneous Petition has been preferred under Section 482 of the Code of Criminal Procedure by the sole Petitioner seeking clarification of the order dated 30.6.2008 passed by this Court in Criminal Revision No. 144 of 2008 whereby a sum of Rs. 75,000/- (seventy five thousand) deposited by the Petitioner in pursuance to the said order being the surety money in R.C. Case No. 1(A)/2003-D in the Court of Special Judge, C.B.I.-cum-Additional Sessions Judge, VII Ith, Dhanbad to which the Petitioner seeks refund of the said amount, as he returned back to India from U.S.A. within time framed by this Court after treatment of his wife and it was further prayed that the bonds executed by two near relatives of the Petitioner may also be discharged.

(2.) The Petitioner had earlier preferred a Criminal Revision No. 144 of 2008 against the order dated 16.2.2008 recorded by Shri P.C. Agrawal. Special Judge, C.B.I.-cum-Additional Sessions Judge, VII Ith Dhanbad in R.C. Case No. 1(A)/03-D by which the prayer for the Petitioner seeking permission to leave India and going to U.S.A. for a period of six months in connection with splecizlized treatment of his wife was turned down. Against the said order, the Petitioner moved before this Court and after hearing the Petitioner as well as the Standing Counsel, C.B.I., this Court was pleased to direct by the order dated 30.6.2008, "the Petitioner is permitted to leave India for six months and may take away his Wife for the better management and treatment of her physical problems on the cash deposit of Rs. 75,000/- and the bond duly executed by two of his near relatives, who are citizens of India with the undertaking that he would return back positively by the end of December, 2008. He would be properly represented through his lawyer in his absence even during examination of the witnesses thereby proving all the relevant documents, failing to which the Special Judge would be within his competence to pass appropriate order".

(3.) It is evident from the record of R.C. Case No. 1(A)/03-D that the Petitioner deposited a sum of Rs. 75,000/- (seventy five thousand) vide Nazir receipt No. 38/2008-09 on 8.7.2008 at the Civil Court. Dhanbad with two sureties bonds of Surendra Pratap Singh (brother-in-law of the accused) and another of Abhiram Kumar Singh (nephew of the Petitioner) which were accepted by the Special Judge, C.B.I., Dhanbad.