2011 INSC 0288
                        SUPREME COURT OF INDIA

                        Md.Habibur Rahman

                        Vs.

                        State of Bihar

                        Crl.A.No.610 of 2011

                (Dalveer Bhandari and Deepak Verma JJ.)

                        01.03.2011

                        ORDER

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." Thereafter, the 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.

Law Information Center              1                    SpotLaw