SYAMAL KARMAKAR Vs. STATE

JUDGEMENT

(1.) This interlocutory application has been filed for modification of the order dated 24-2-2005 in terms of the decision of the Supreme Court in the case of Sunita Devi v. State of Bihar, reported in (2005) 1 Pat LJR 270 : (2005 AIR Jhar HCR 457). In order to dispose of this interlocutory application some relevant facts are necessary to be stated which are as follows : A first information report being Adityapur P.S. Case No. 163 of 2004 was registered under Sections 409, 420, IPC on the basis of the complaint made by the informant Jeevan Pd. Agarwal (Naredi) against one Shyamal Karmakar. The allegations made in the complaint are not necessary to be stated. Suffice is to say that the accused, Shyamal Karmakar moved before the Sessions Judge at Saraikela for grant of anticipatory bail which was rejected in terms of the order dated 29-4-2004 in A.B.P. No. 28/ 2004.

(2.) The accused Shyamal Karmakar thereafter, moved this Court for grant of anticipatory bail, which was registered as A.B.A. No. 1351/2004. This Court by order dated 24-2-2005 after hearing the counsel for the petitioner and the counsel for the State directed the petitioner (Shyamal Karmakar) to surrender before the Court below within a period of two weeks from the date of the order and then further direction was given that if he surrenders within the said period then he would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties.

(3.) It appears that the informant being aggrieved by the said order of this Court moved Supreme Court by filing Cri. M. P. No. 5991/2005 for Special Leave to Appeal but the Supreme Court by order dated 11-7-2005 declined such permission. However, liberty was given to approach this Court for appropriate relief and, accordingly, the present interlocutory application has been filed for modification of the aforesaid order of this Court dated 24-2-2005.