ORDER

Misc. Case No. 891 of 2010

18.3.2011 — Heard Mr. S. Mohapatra, learned counsel for the appellants, Mr. J. Pattnaik, learned Senior Advocate appearing for the informant and Mr. A.K. Mishra, learned Standing counsel for the State.

In the appeal, after conviction the appellants, namely, Manoj Kumar Pradhan and Kalia @ Prafulla Mallick @ Pradhan (hereinafter referred to as “A-1 & A-2”) had filed an application under Section 389 Cr.P.C. for suspension of sentence and grant of bail. This Court on 7.7.2010 admitted the appeal and released both the appellants on bail with the condition that they shall not threaten the witnesses examined.

2.Being aggrieved, the informant challenged the said order dated 7.7.2010 before the apex Court so far as it related to A-1. The apex Court by order dated 25th January, 2011 passed in Criminal Appeal No. 225 of 2011 arising out of SLP (Crl.) No. 8173 of 2010 allowed the appeal and cancelled the bail granted to A-1 by this Court with further direction to hear the matter afresh. After cancellation of bail, A-1 surrendered before the trial Court and he was taken into custody.

3.Learned counsel appearing for A-1 submitted that after the assassination of Swami