J. M. MALIK, J.

( 1 ) THIS order shall decide the three abovesaid applications moved by appellant Sudevanand. Application Crl. M. No. 5786/1997 was moved by appellant sudevanand, an Avdhoot in the Anand Marg Sect on 22. 10. 1997. The appellant was involved in bomb blast case, which killed L. N. Mishra at Samastipur on 02. 01. 1975 as well as in the present case, where the appellant was indicted along with others, for attempt to kill the then Chief Justice of India on 20. 03. 1975. During emergency, Anand Marg was banned. It is alleged that due to abovesaid cases, the emergency was imposed by the ruling party.

( 2 ) VIKRAM, PW1, is a common approver in both the above said cases. The appellant was convicted on the basis of his statement. Vikram retracted his statement on 30. 09. 1978, which was recorded by the Jail Superintendent Danapur jail, Patna by the order of Bihar Chief Minister. In his retracted confession, he gave a detailed statement as to how he was tortured by CBI to make false statements in both the above said cases. It is averred that the Supreme Court, vide its order dated 17. 12. 1979, without expressing any opinion on merits of the case, transferred the Samastipur