Allahabad High Court
Bablu @ Jitendra And Another vs State Of U.P. on 4 January, 2023
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- CRIMINAL APPEAL No. - 1201 of 2021
Appellant :- Bablu @ Jitendra And Another
Respondent :- State of U.P.
Counsel for Appellant :- Brijesh Chand Kaushik,B.N.Singh,Manish Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Samit Gopal,J.
Order on Crl. Misc. (Correction) Application No. 20 of 2023.
Heard Sri Manish Kumar Singh, learned counsel for the appellants and Shri Sanjay Kumar Singh, learned counsel for the State.
This is an application for correction in paragraph 35 of the judgement and order dated 23.12.2022 of this Court wherein it has been mentioned that the "The appellants are on bail. Their bail bonds are cancelled and sureties discharged."
Learned counsel for the applicants argued that as a matter of fact the appellants are in jail and their bail application no. 02 of 2020 was dismissed as not pressed on 23.11.2022 as the matter was argued finally on that date. The same is evident from the order dated 23.11.2022.
This Court has perused the said order which is extracted herein below:
"Order on Crl. Misc. Bail Application No. 2 of 2020
Heard Sri Manish Kumar Singh, learned counsel for the appellants and Sri Ankit Srivastava, learned counsel for the State and perused the record.
The present bail application has been filed by the applicants Bablu @ Jitendra and Master with the following prayers:-
"It is therefore, most respectfully prayed that the Hon'ble Court may kindly be pleased to enlarge the applicants/appellants on bail in Session Trial No. 242 of 2013 (State of U.P. Vs. Bablu and another) under Section 376(G)/363 IPC during the pendency of this Criminal Appeal, and/or to pass such other and further order or direction which this Hon'ble Court may deem fit and proper in facts and circumstances of the case."
At the very outset, learned counsel for the appellants states that the present bail application be dismissed as not pressed as he is ready to argue the appeal finally as paper book is already ready and he has obtained its copy.
Prayer is allowed.
The present bail application is dismissed as not pressed.
Order on appeal.
Heard Sri Manish Kumar Singh, learned counsel for the appellants and Sri Ankit Srivastava, learned counsel for the State and perused the record.
Arguments concluded.
Judgment reserved."
The said order shows that the bail application no.02 of 2020 of the appellants was dismissed as not pressed as learned counsel for the appellants was ready to argue the appeal finally. The appeal was heard, arguments concluded and judgement was reserved.
In these circumstances, the recital made in para no.35 that "The appellants are on bail. Their bail bonds are cancelled and sureties discharged." stands corrected which shall be read as "The appellants are in jail. They shall be released forthwith from jail, if not wanted in any other case whatsoever".
This order shall form part of the judgement and order dated 23.12.2022 passed by this Court and a copy of this order shall be issued whenever the certified copy of the judgement and order dated 23.12.2022 is issued.
Accordingly, the present correction application stands allowed.
(Samit Gopal, J.)
Order Date :- 4.1.2023
Gaurav
