Sh. Hari Singh & ORS. v. State

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. M.A. Nos. 6010/2020 and 6011/2020 in Crl. REV. PET.173/2020 HARI SINGH AND ORS.

..... Petitioners Through: Mr. Arjun Singh Khurana, Adv.

versus STATE ..... Respondent Through: Mr. Mukesh Kumar, APP for State

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 30.04.2020 CRL.M.A. 6010/2020 Exemption allowed subject to all just exceptions. Application stands disposed of.

CRL.M.A. 6011/2020 This is an application filed by Sukhpreet Singh as a parokar of Darshan Pal Singh with the following prayers: "It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:

a. Allow the rectification / modification of the order dated 27.04.2020 passed by Hon'ble Mr. Justice Yogesh Khanna, New Delhi to the extent that the name of Petitioner / applicant Sh. Darshan Pal Singh be added as he was also one of the co-petitioner in Crl. M.Bail. 5792/2020 and Crl. M. Bail 351/2020 in Crl. Rev. Pet. No. 173/2020 who was granted bail by the said order.

b. Pass any such other order that this Hon'ble Court may deem

fit and appropriate in the facts and circumstances of the case and in the interest of justice."

Mr. Arjun Singh Khurana, leaned counsel for the petitioner has drawn my attention to the order dated April 27, 2020 which reads as under: "The nominal rolls as also the health status reports of the petitioners have been filed on record. As per their nominal rolls, Mr.Hari Singh, Mr.Manjeet Singh, Mr.Hari Singh, Mr.Preetpal Singh have spent two months and five days in judicial custody as on 21.04.2020 and are not suffering from any influenza/COVID19 or such like symptoms for the last fourteen days. Since four of the co-convicts have already been granted bail by this Court hence the petitioners are also admitted on bail on their furnishing a personal bond of Rs.10,000/- each and one surety of like amount to the satisfaction of the Jail Superintendent/Duty Metropolitan Magistrate.

The sentence of the petitioners thus stands suspended till the disposal of this appeal.

The application stands disposed of."

Mr. Khurana, states there is a typographical error in the said order of April 27, 2020 inasmuch the name of Hari Singh has been repeated twice. According to him there are four petitioners in the Crl. Revision Petition No. 173/2020. He has also drawn my attention to the memo of parties filed along with the Revision Petition to state that Darshan Pal Singh @ Muthu is petitioner no.3. Mr. Khurana states, the order to that extent needs to be corrected and the order be read in favour of Darshan Pal Singh@Muthu as well.

Mr. Mukesh Kumar, learned APP appearing for the State concedes to the fact that there is a typographical error in the order dated April 27, 2020 and the said error need to be rectified. Noting the said submission, it is

made clear that the order dated April 27, 2020, more specifically, line no.3, shall henceforth be read as under:

"Mr. Hari Singh, Mr. Manjeet Singh, Mr. Darshan Pal Singh, Mr. Preetpal Singh"

The other contents of the order shall remain as it is. The application stands disposed of.

V. KAMESWAR RAO, J APRIL 30, 2020/jg