High Court Of ChhattisgarhCRMP/1986/2018disposed off

Shiv Prasad Gupta v. State Of Chhattisgarh

2018-09-24Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1986 of 2018

1. Shiv Prasad Gupta S/o Moti Lal Gupta Aged About 35 Years R/o Tenkar, Baniyatola, Police Station- Majholi, District- Sidhi, Revenue And Civil DistrictSidhi, Madhya Pradesh., District : Sidhi, Madhya Pradesh

2. Sudhanshu @ Bablu Dubey S/o Muvneshwar Prasad Dubey Aged About 27 Years R/o Bhaiswahi, Police Station- Majholi, District- Sidhi, Revenue And Civil District- Sidhi, Madhya Pradesh., District : Sidhi, Madhya Pradesh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station- Farasgaon, District- Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Respondent For Petitioner :

Shri Kamlesh Kumar Pandey, Advocate.

For Respondent/State :

Shri Ashok Swarnkar, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 24/09/2018 Heard.

1. Petition has been brought under Section 482 of Cr.P.C. for modification of the order passed by this Court and judgment dated 10.9.2018 in CRA No.787/2014, in which, typographical error has been committed. It is submitted that the appellant was sentenced with RI for 10 years along with fine of Rs.50,000/-in the judgment appealed against before this Court allowed the appeal in part of the impugned judgment and reduce

the period of sentence of imprisonment to the period of detention already undergone by the appellants in jail and it is mentioned that fine amount is enhanced of Rs.5,000/- to Rs.10,000/-, which is incorrect statement which needs to be corrected.

2. Learned counsel for the State has no objection, if, the order is rectified accordingly.

3. Heard both the parties and perused the material on record.

4. On perusal of the judgment dated 10.9.2018 of this Court in CRA No.787/2014, it appears that a typographical mistake has been committed mentioning the fine amount, hence, the same needs to be corrected.

5. The order regarding the fine amount in para-12 of the judgment dated 10.9.2018 shall be read as " the fine amount is reduced from Rs.50,000 to Rs.10,000/-". This part of the judgment dated 10.9.2018 shall be read as ordered herein. A copy of this order shall be attached with the original file of bail application.

6. Accordingly, this petition stands disposed off. Sd/- (Rajendra Chandra Singh Samant) JUDGE Nisha