- (1.) Heard the learned Senior Counsel for the petitioner and learned counsel for the respondent State.
(2.) Leave granted.
(3.) The order dated 9.8.2004 made by the High Court is under challenge in this appeal. The application filed by the appellant for bail was rejected by the High Court on the ground that he had obtained an order from the trial court to move out of Siwan jail to take oath as a Member of Parliament at Delhi, when the application made for bail by him was pending before the High Court. The High Court, in the impugned order, has stated thus: "In this context, it may be referred here that when the bail matter of the petitioner was pending in this Court for disposal, the Court in seisin of the case had no jurisdiction to interfere in the matter in any manner. At that time the present Criminal Misc. No. 8435 of 2004 and IA (Criminal) No. 439 of 2004 were pending for disposal in this Court but the petitioner intentionally moved the lower court and his movement was allowed. Thus, the petitioner intentionally interfered in the administration of justice. The act of obtaining the order by him from the Court in seisin of his case was deliberate violation of the Court's order passed on 1.3.2004 and this can be described to be contemptuous in nature. Therefore, the case of the petitioner is clearly distinguishable from the case of the other accused on bail. His prayer for bail stands rejected. The petitioner, Md. Shahabuddin and Anant Prasad Srivastava, Presiding Officer, First Additional Fast Track Court, Siwan, are hereby directed to show their cause by 15.9.2004 as to why the contempt proceeding be not initiated against him.";