Kartik Mahatha v. The State Through The Central Bureau Of Investigation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49534 of 2016 ===================================== Kartik Mahatha, Son of Late Raj Kumar Mahatha, resident of Ranga More Jathai, P.S.-Deoghar Nagar, District-Deoghar (Jharkhand).

.... .... Petitioner/s

Versus

The State through the Central Bureau of Investigation .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Samir Kumar For the Opposite Party/s : Mr. Bipin Kumar Sinha (SC,CBI) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-11-2016 The appellant had filed an application for suspension of sentence, being I.A. No. 98 of 2015. The prayer made in the said interlocutory application was rejected by this Court vide an order, dated 12.05.2015, passed in Cr. Appeal (SJ) No. 526 of 2014. However, it has been mentioned in the said order, dated 12.05.2015, as "this appeal is dismissed".

The present modification application has been filed saying that because of typographical mistake that instead of "interlocutory application", "appeal" has been

Patna High Court Cr.Misc. No.49534 of 2016 (2) dt.28-11-2016 2/2 mentioned to have been dismissed vide order, dated 12.05.2015.

The present application seeking modification of the said order, dated 12.05.2015, has been filed for that limited purpose.

Learned counsel for the petitioner appears to be right in his submission.

Let the interlocutory application, being I.A. No. 98 of 2015, seeking suspension of sentence, be treated to have been dismissed vide said order, dated 12.05.2015, passed in Cr. Appeal (SJ) No. 526 of 2014.

This application is, accordingly, allowed.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T