Allahabad High Court
Virendra Bind And Another vs State Of U.P. And Another on 25 March, 2021
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 6
Case :- CRIMINAL APPEAL No. - 3191 of 2020
Appellant :- Virendra Bind And Another
Respondent :- State of U.P. and Another
Counsel for Appellant :- Shiva Kant Srivastava,Pradeep Chauhan
Counsel for Respondent :- G.A.
Hon'ble Ajay Bhanot,J.
Criminal Misc. Correction Application No. 03 of 2021
In
Criminal Misc. Bail Application No. 01 of 2020
Heard Shri Pradeep Chauhan, learned counsel for the applicant.
The errors in the order reflect the perils of a divine function being confided in mortal hands. This is a court of record. It is imperative that the records be purged of all errors. This is not the first error nor will be the last. It is an obligation on the part of all members of the legal fraternity the Bar and the Bench alike to point out errors, and duty of the concerned court to ensure that such errors are corrected at the earliest point in time after they are brought to notice.
The correction application is allowed.
The following facts were not transcribed due to inadvertence in the order dated 02.12.2020:
A. "Admit"
B. "Summon the lower court record".
C. The criminal case tried as Special Sessions Trial No. 93 of 2017 (State Vs. Virendra Bind and another) was also not transcribed.
D. The conditions imposed commencing from "The following conditions be imposed in the interest of justice" to the last sentence in Clause VII of the order, were inadvertently transcribed and hence shall be deleted.
The correct order 02.12.2020 shall read as under:
"Order on Appeal
Heard Sri Pradeep Chauhan, learned counsel for the applicants and learned AGA for the State.
Admit.
Office to summon the lower court record within a period of two months.
Order on Bail Application
Heard Sri Pradeep Chauhan, learned counsel for the applicants-appellants and learned AGA for the State.
The instant criminal appeal has been filed by the applicants-appellants against the judgment and order dated 29.10.2020 passed by the Special Judge (POCSO Act), Azamgarh, in Special Sessions Trial No. 93 of 2017 (State Vs. Virendra Bind and another), arising out of Case Crime No. 174 of 2016, under Sections 342, 354 I.P.C. and Section 7/8 POCSO Act, Police Station Pawai, District Azamgarh.
The applicants-appellants were granted interim bail by learned Special Judge (POCSO Act), Azamgarh on 29.10.2020 till filing of appeal.
Sri Pradeep Chauhan, learned counsel for the applicants-appellants submits that a sentence of imprisonment for a period of three years has been imposed by the learned trial court. The applicants-appellants were on bail during the trial. The applicants-appellants were falsely implicated to leverage the criminal proceedings in civil dispute between the parties. The FIR was lodged after a delay and deliberation happened to falsely implicate the applicants-appellants. There is no likelihood of early hearing of the appeal. Therefore, the applicants-appellants deserve to be released on bail during the pendency of the appeal.
Learned A.G.A. has opposed the bail application.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicants-appellants, namely, Virendra Bind and Deepak Bind, be released on bail in Special Sessions Trial No. 93 of 2017 (State Vs. Virendra Bind and another), arising out of Case Crime No. 174 of 2016, under Sections 342, 354 I.P.C. and Section 7/8 POCSO Act, Police Station Pawai, District Azamgarh, subject to their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photocopies thereof to this Court for being kept in the record of the instant criminal appeal."
Registry is directed to summon the earlier order dated 02.12.2020 containing the errors from the learned trial court and provide the corrected order to the learned trial court. Corrected order shall be kept in the record of the learned trial court.
The earlier order containing the errors shall be deleted from the official website of this Court and shall also be expunged from the record. Corrected order shall be uploaded on the official website of this Court. Corrected order shall be placed in the record of this Court.
Order Date :- 25.3.2021
Dhananjai
