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Bombay High CourtAPPA/136/2016others disposed off

Namdeo Kashiram Mukane v. The State Of Maharashtra

2016-01-29Hon'Ble Shri Justice A.M. Thipsay2 pages

Tilak 1/2 (902)APPA-136-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.136 OF 2016 IN CRIMINAL APPEAL NO.1029 OF 2011 Namdeo Kashiram Mukane .. Applicant

Versus

The State of Maharashtra .. Respondent --- None for the applicant.

Mr.D.P. Adsule, APP for the Respondent State. --- CORAM : ABHAY M. THIPSAY, J.

DATED : 29th JANUARY, 2016 --- P.C. :

None present for the appellant when called out. Heard Mr.D.P. Adsule, learned APP for the State. The prayer to reduce the sentence of fine cannot be granted as the final order has already been passed. However, a clerical error appears to have crept in, in the final order.

The default sentence, as mentioned in paragraph no.16 of the judgment and order reads as under :-

Tilak 2/2 (902)APPA-136-16 "In default of payment of fine, the appellant shall undergo Simple Imprisonment for a period of 4(four) years"

In this sentence, for the words "4(four) years" the words "4(four) months" be substituted.

The judgment and order shall stand corrected accordingly.

Subject to this correction, application stands rejected. This order be communicated to the applicant/ appellant in prison.

The Prison Superintendent shall report compliance to this Court.

(ABHAY M.THIPSAY, J)