SLP (Crl.) No(s). 4760/2021
ITEM NO.38+71 COURT NO.17 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 4760/2021
(Arising out of impugned final judgment and order dated 20-01-2021 in BA No. 11260/2019 passed by the High Court of Jharkhand at Ranchi)
FIROJ KHAN Petitioner(s)
VERSUS
ANISH KHAN @ JHUNNA & ANR. Respondent(s)
WITH
CONTEMPT PETITION (CIVIL) Diary No(s). 8467/2024

Date : 23-02-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SUDHANSHU DHULIA
HON’BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE
For Petitioner(s) Mr. Divyesh Pratap Singh, Adv.
Mr. Shashank Singh, AOR
Mr. Wasim Ashraf, Adv.
Mr. Akash Alex, Adv.
Ms. Prapti Shrivastava, Adv.

For Respondent(s) Mr. S Nagamuthu, Sr. Adv.
Mr. Sachin Shanmukham Pujari, AOR

Mr. Vishnu Sharma, Adv.
Ms. Madhusmita Bora, AOR
Mr. Dipankar Singh, Adv.
Mrs. Anupama Sharma, Adv.
Mr. Amar Jyoti Sharma, Adv.
Mr. Satya Dev Singh, Adv.

UPON hearing the counsel the Court made the following
O R D E R
The High Court of Jharkhand had granted bail to respondent No. 1 vide order dated 20.01.2021. This order was challenged before this Court and this Court had passed an order, effectively staying the order of the High Court by which bail was granted. The order dated 30.07.2021 passed by this Court reads as under :
Learned counsel to the petitioner at the threshold submits that there was an error in his submission on 05.07.2021 inasmuch as it was not the brother-in-law but the brother of the petitioner in respect of whom he has made the submission. The second mistake pointed out is that the complaint was lodged earlier but actually he deposed on 03.07.2018.

Learned counsel for respondent No.1 seeks to file a counter affidavit. State has already filed the counter affidavit.
Counter affidavit be filed within two weeks. Rejoinder if any, be filed within two weeks thereafter.
List after six weeks.
In the meantime, there shall be stay of the operation of the impugned order.
This Court has been informed that although this or der was passed in presence of the counsel representing State of Jharkhand, respondent no. 1 was released on bail on 21.10.2021. Consequently, the petition was filed before this Court for initiating contempt proceedings against the authorities which are respondent No. 2 – Mr. Kumar Chandra Shekhar, Jail Superintendent, Kolghatti, Hazariabagh, Jharkhand – 825301 and respondent No. 3 – Bablu Gope, Jailor Kolghatti, Hazariabagh, Jharkhand- 825301, both officers of Central Jail Hazariabagh presently known as Lok Nayak Jai Prakash Narain Kendriya Karagar (Central Jail),Hazariabagh, Jharkhand (as SLP (Crl.) No(s). 4760/2021
submitted by learned counsel).
Issue notice to the above two officers.
Apart from normal mode of service, notice be also served through dasti.
Both the above-mentioned officers shall be required to be present before this Court in person, on the next date of listing which is fixed for 01.04.2024.
(NEETA SAPRA) (RENU BALA GAMBHIR)
COURT MASTER (SH) COURT MASTER (NSH)