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High Court Of ChhattisgarhCRMP/1020/2016disposed off

Ballu Kashyap v. State Of Chhattisgarh

2016-09-21Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1020 of 2016 Ballu Kashyap, aged about 20 years, S/o. Shri Ramsahay Kashyap, R/o. Kududand, near Sarkari Kunwa, Police Station- Civil Line, Tahsil and District Bilaspur, Chhattisgarh ---- Petitioner

Versus

State of Chhattisgarh Through - Station House Officer, Police Station Civil Line, District Bilaspur Chhattisgarh ---- Respondent For Petitioner :

Mr. D. C. Verma, Advocate For Respondent/State :

Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 21/09/2016 1.

Heard on petition under section 482 of Cr.P.C. 2.

This petition is for correction of Crime number in the bail order dated 03.08.2016 passed in M.Cr.C (A) No. 582/2016, whereby the petitioner was granted anticipatory bail. In the petition, it has been stated that the Crime No. has been shown as 30/2016 whereas the actual Crime number is 301/2016, therefore, despite the order of the bail, it has become noneffective. It is submitted by the learned counsel for the petitioner that in the dismissal order of the trial Court the Crime number has been shown as 30/2016 therefore, no fault can be attributed to the petitioner.

3.

State counsel do not dispute the fact and submits that the actual crime number is 301/2016.

4.

Perused the dismissal order dated 26.05.2016 of the trial Court, wherein the Crime number has been shown as 30/2016. It is unfortunate that the mistake is not at the behest of the petitioner and it is at the behest of the trial Court itself.

5.

Considering the facts and circumstances of the case, since it is an anticipatory bail fortunately the applicant has not been apprehended therefore, It is further directed that in the order dated 03.08.2016 passed in M.Cr.C. (A) No. 582 /2016 the Crime number 30/2016 be read as Crime No. 301/2016, rest of the order dated 03.08.2016 shall remain same.

6.

The copy of this order be sent to the trial Court and it is expected that the trial Court while passing the order will ensure the correct Crime number is mentioned in the order, as it touches the liberty of the personal of a citizen.

7.

With such observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Santosh