Amareshwar Sahay, J. - (1.) By filing this interlocutory application prayer has been made by the petitioner to cancel/ recall/annul the order dated 10.1.2006 passed in the Bail Application No. 3920 of2004.
(2.) The background of the facts is that the petitioner herein was in custody in connection with the Sessions Trial No. 255/2002 for the offence under section 302, 1.P.C. His prayer for bail was rejected thrice by this Court in B.A. No. 6189/ 2001, B.A. No. 1526/2001 and in B.A. No. 2042/2003 and also by the Supreme Court in S.L.P. (Crl.) No. 6677 of 2001. He thereafter, made fourth attempt before this Court for bail by filing B.A. No. 3920/ 2004. As it appears from the order dated 30.7.2004 passed by a Bench of this Court that when the Court was not inclined to grant bail, the petitioner's Counsel submitted that he intends to withdraw the bail application, if direction is made to the Trial Court for expeditious disposal of the trial within a fixed time frame and as it appears that on the said request of the petitioner, his application for bail was dismissed as withdrawn by giving a specific direction to the Trial Court to dispose of the trial definitely by December, 2004. For ready reference the aforesaid order dated 30.7.2004 is quoted herein below : "Heard the learned Counsel for the parties. After some arguments, learned Counsel for the petitioner submits to withdraw this bail application, if this Court directs the learned Trial Court for expeditious disposal of this case within a fixed time frame. The learned Additional Public Prosecutor has no objection in respect thereof. In view of the submissions aforesaid, this bail application is dismissed as withdrawn. The learned Trial Court (1st Additional Sessions Judge, Bokaro at Chas) is directed to dispose of Sessions Trial No. 255 of 2002 as expeditiously as possible but definitely by December, 2004."
(3.) Subsequently, the learned Trial Court sent a letter to this Court contained in letter No. 369 dated 24.12.2004 stating therein that altogether 17 witnesses of prosecution have been examined and the case of the prosecution has been closed on 18.12.2004 and thereafter, statement of the accused-persons have been recorded on 24.12.2004 and since the Court was going to be closed for X-mas Holidays and also that the accused-persons wanted to adduce their defence witnesses, therefore, some more time was required for disposal of the trial and, therefore, made a request to this Court to extend the time frame by a further period of three months for disposal of the trial.;