Md.Habibur Rahman Vs State
O R D E R
Leave granted. Heard
learned counsel for the parties. This Court, by the order dated 10.01.2011 passed
the following order : "Learned counsel appearing for the petitioner
submits that the petitioner has deposited the entire amount with interest and
an affidavit to that effect shall be filed within two weeks. Learned counsel
appearing for the respondent may seek instructions in that regard within two
weeks thereafter. List this matter after four weeks.
matter was listed on 14.02.2011. At that time, the Office Report of 11.02.2011 was
placed before the Court in which it is mentioned that the appellant has not
filed any affidavit regarding depositing the entire amount with interest so
far. On 17.02.2011, the appellant filed an affidavit indicating therein that the
amount, with interest, has been deposited. On 21.02.2011, when the matter came up
before the Court, there was no Office Report indicating that the amount has been
deposited with interest and that is why the Special Leave Petition was
dismissed on that date. Since the appellant has deposited the entire amount
with interest, therefore, we recall the order dated 21.02.2011.
We direct that, in the
event of arrest, the appellant shall be released on bail on furnishing personal
bond for a sum of Rs.20,000/- with one surety in the like amount to the satisfaction
of the Arresting Officer. The appeal is disposed of accordingly.