Shaikh Javed Shaikh Dada vs The State Of Mha. Thr. Pso Ps ...
2023 Latest Caselaw 5689 Bom

                                           1                                   CRI.APPEAL.180.2023

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                NAGPUR BENCH : NAGPUR

                               CRIMINAL APPEAL NO.180 OF 2023
                                       Shaikh Javed Shaikh Dada
                                                 ..vs..
                                     State of Maharashtra and anr.

----------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram,                                 Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
--------------------------------------------------------------------------------------
                          Shri Thakare, A.P.P. for the non-applicant/State.


                          CORAM : VINAY JOSHI AND ANIL L. PANSARE, JJ.

DATED : 16/06/2023.

Not on Board. Taken on Board.

2. Learned A.P.P. has brought to our notice that inadvertent mistake has occurred in the operative part of the judgment and order in the appeal.

3. We have gone through the appeal as well as the judgment and order dated 08.06.2023. Basically, this is an appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 raising a challenge to the rejection of bail. However, while deciding the appeal, bail was granted but mistakenly the order about quashing of charge-sheet has been passed along with the order granting bail.

4. Neither the appellant has applied for quashing of charge-sheet nor the said issue was for consideration. The appeal was merely restricted to the question of either to grant or reject the bail. On merits, we have held that the appellant has made out a case for grant of bail, and accordingly by allowing appeal, the order of the Trial Court

2 CRI.APPEAL.180.2023

was set aside and bail was granted. Thus, apparently it is a mistake by oversight in paragraph (b) of the operative order pertaining to quashing of charge-sheet. Obviously, the said mistake has a vast consequence, it is therefore necessary to correct the same, as it is a pure oversight mistake.

5. In view of that paragraph (b) of the operative part of the judgment and order is deleted and the same is substituted by following :

"(b) We hereby quash and set aside the order dated 22.08.2022 passed below Exhibit 1 in Criminal Bail Application No.923 of 2022 by the Additional Sessions Judge-1, Amravati."

6. Necessary correction in the judgment and order be carried out accordingly.

(ANIL L. PANSARE, J.) (VINAY JOSHI, J.)

Trupti