Case Note & Summary
The case involved an appeal by the appellant, Md. Habibur Rahman, against the State of Bihar concerning the grant of bail. The appellant had initially filed a Special Leave Petition which was dismissed due to non-filing of an affidavit confirming the deposit of the required amount with interest. Following the dismissal, the appellant submitted the affidavit indicating that the amount had indeed been deposited. The court, upon reviewing the affidavit and confirming the deposit, decided to recall its earlier order and granted bail to the appellant. The court directed that the appellant be released on bail upon furnishing a personal bond of Rs. 20,000 with one surety of the same amount to the satisfaction of the Arresting Officer. The decision underscored the necessity of adhering to procedural requirements for bail applications and the court's willingness to rectify its earlier dismissal based on new evidence presented by the appellant.
Headnote
A) Criminal Procedure - Bail - Conditions for Granting Bail - Code of Criminal Procedure, 1973, Section 437 - The appellant sought bail after depositing the entire amount with interest as per court's direction. The court recalled its earlier order dismissing the Special Leave Petition and granted bail upon confirmation of the deposit, emphasizing the importance of compliance with procedural requirements. Held that the appellant is entitled to bail upon fulfilling the conditions set by the court (Paras Not mentioned).
Issue of Consideration
Whether the appellant is entitled to bail after depositing the required amount with interest.
Final Decision
The Supreme Court recalled its earlier order dismissing the Special Leave Petition and granted bail to the appellant upon confirmation of the deposit of the required amount with interest. The appellant was directed to furnish a personal bond of Rs. 20,000 with one surety to the satisfaction of the Arresting Officer.
Law Points
- Bail
- Special Leave Petition
- Affidavit Submission
- Criminal Procedure
