Allahabad High Court
Chhotey Lal And Others vs State Of U.P. on 19 October, 2023
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:69278
Court No. - 15
Case :- CRIMINAL APPEAL No. - 764 of 2002
Appellant :- Chhotey Lal And Others
Respondent :- State of U.P.
Counsel for Appellant :- P.K.Jaiswal,Priyanka Yadav,Rajesh Kumar Awasthi
Counsel for Respondent :- Govt.Advocate
Hon'ble Shamim Ahmed,J.
Order on C.M. Application No.IA/2/2023)
This is an application for correction in the order dated 21.09.2023 passed by this Court.
Learned counsel for the appellant submits that the appellant no.1 Chhotey Lal and the appellant no.3 Vinod are alive whereas the appellant no.2 Ashok and appellant no.4 Ram Naresh have died during the pendency of this appeal. She further submits that due to inadvertent typing error, paragraph nos.3, 31 and 32 have been wrongly transcribed and the same may be corrected.
In view of above, the paragraph nos.3, 31 and 32 of the order dated 21.09.2023 are being corrected and quoted herein below:-
"3. The instant Criminal Appeal under Section 374 Cr.P.C. has been moved on behalf of the appellants, against the order dated 28.05.2002 passed by learned IVth Additional Sessions Judge, Kheri in Sessions Trial No.623 of 1995, convicting and sentencing the appellants no.1 to 3 under Section 307 I.P.C. for four years rigorous imprisonment alongwith fine of Rs.2,000/- and under Section 323 I.P.C. for six months rigorous imprisonment and appellant no.4 under Section 120-B/307 I.P.C. for four years rigorous imprisonment alongwith fine of Rs.2,000/- with default stipulation. Ms. Priyanka Yadav, learned counsel for the appellants submits that appellant no.2 Ashok and appellant no.4 Ram Naresh have expired during the pendency of this appeal, as such, the appeal on their behalf stands abated. This Court is proceeding in respect of appellant no.1 Chhotey Lal and the appellant no.3 Vinod."
"31. In the light of the above discussion, as far as it relates with the conviction of the appellant no.1 Chhotey Lal and the appellant no.3 Vinod is maintained but the sentence is modified. Instead of sending the appellant no.1 Chhotey Lal and the appellant no.3 Vinod to jail, they are given benefit of Section 4 of The Probation of Offenders Act, 1958 and they are directed to file two sureties each to the tune of Rs 20,000/- along with their personal bonds before District Probation Officer concerned and also an undertaking to the effect that they shall maintain peace and good behaviour during the period of two years from today. The said bonds are to be filed by the appellant no.1 Chhotey Lal and the appellant no.3 Vinod within a period of three months from the date of this judgment. "
"32. In case of breach of any of the above conditions, the appellant no.1 Chhotey Lal and the appellant no.3 Vinodh shall be taken into custody and shall have to undergo sentence awarded to them."
It is directed that the aforesaid corrected paragraphs of the order dated 21.09.2023 shall be read in future in place of prior transcribed paragraphs. It is further directed that apart from the aforesaid corrected paragraphs, rest of the order shall remain as it is.
With the aforesaid corrections, the instant correction application stands allowed.
Order Date :- 19.10.2023
Saurabh
