Leharilal Girdarilal Gujar v. The State Of Maharashtra

Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.97 OF 2015 IN CRIMINAL APPEAL NO.1124 OF 2006 Leharilal Girdarilal Gujar .Applicant V/s.

The State of Maharashtra .Respondent Mrs Nasreen S.K.Ayubi, Advocate appointed for the Applicant Mrs A.S.Pai, APP, for the Respondent - State

CORAM

:

SMT.V.K.TAHILRAMANI AND SMT.I.K.JAIN, JJ.

DATE :

30TH JANUARY, 2015 P.C.

.

Heard both sides.

2.

By Judgment and Order dated 30.04.2005 passed by the learned Additional Sessions Judge, Greater Bombay in S.C.No.108 of 2001 the applicant along with other accused was convicted and sentenced under Sections 395, 396 r/w.120B of IPC and under Section 302

r/w.120B of IPC. Being aggrieved by the said Judgment and Order, the applicant preferred Cri.Appeal No.1124 of 2006 before this Court. By Judgment and Order dated 11.02.2013, this Court dismissed the Appeal preferred by the applicant. The applicant is now seeking review of the Judgment and Order of this Court dated 11.02.2013.

3.

When a Criminal matter is finally disposed of, there is no provision in Criminal Law regarding review of matter which is finally disposed of as is clear from Section 362 of Cr.P.C.. An order in a Criminal matter can only be corrected, if there is a clerical and/or arithmetical error. It is not the case of the applicant that there is a clerical and/or arithmetical error. Thus, it is not possible for this Court to entertain the prayer for review. Hence, application is dismissed. It would be open to the applicant to approach the appropriate forum as may be

permissible in law. The application is disposed of in above terms.

4.

The applicant is also seeking bail. As the Appeal preferred by the applicant has been dismissed by this Court by Judgment and Order dated 11.02.2013, it is not possible for this Court at this stage to consider the prayer for bail. Hence, the application preferred by the applicant is rejected.

5.

Fees be paid to the appointed Advocate as per rules as per rules. Office to communicate this order to the applicant who is in Nasik Road Central Prison.

(SMT.I.K.JAIN, J.) (SMT.V.K.TAHILRAMANI, J.)