Babu Kahar & Another vs State Of U.P.
2021 Latest Caselaw 7365 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- CRIMINAL APPEAL No. - 813 of 2016
 
Appellant :- Babu Kahar & Another
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Manoj Kumar Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Rajeev Singh,J.

Order on C.M. Application No.52715 of 2021

1. The Court has convened through Video Conferencing.

2. Heard Shri Manoj Kumar Singh, learned counsel for the appellants and Shri Amrendra, learned AGA for the State of U.P.

3. This is an application for correction of the order dated 25.03.2021 filed by the applicants/ appellants.

4. Learned Counsel for the applicants/ appellants states that inadvertently, in the first line of paragraph no.8 of the order dated 25.03.2021, name of the appellant no.1 "Babu Kahar" has been left out to be transcribed though this Court vide order dated 25.03.2021 has granted bail to both the appellants, i.e. Parshu alias Parashuram and Babu Kahar. Therefore, the instant application for correction has been filed by the applicant/ appellants.

5. Shri Amrendra, learned AGA do not dispute the aforesaid fact and argued that he has no objection if the aforesaid correction in the impugned order dated 25.03.2021 is made and the application be allowed.

6. Considering that the appellant no.1-Babu Kahar was empty handed and he was on bail during trial and did not misuse the liberty of bail, we had granted bail to the appellant no.1 along with appellant no.2-Parshu alias Parashuram, but inadvertently the said order with respect to the appellant no.1-Babu Kahar could not be transcribed.

7. As the error in the judgment and order dated 25.03.2021 is typographical in nature and from the record also it has been verified that the appellant no.1-Babu Kahar was also granted bail on the said date, but his name could not be transcribed, therefore, we allow the instant application for correction. The name of appellant no.1, namely, "Babu Kahar" shall also be read after the word "appellant" mentioned in the first line of paragraph 8 of the order dated 25.03.2021.

8. The judgment and order dated 25.03.2021 shall be corrected/modified to the aforesaid extent only.

9. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/ Authority/ Official.

10. The concerned Court/ Authority/ Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

(Rajeev Singh, J.)(Ramesh Sinha, J.)

Order Date :- 9.7.2021

Arnima