Disposed
Mahendra Jaswant Patil v. the State of Maharashtra
Bombay HCAPPLN/900/2006
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE
CRIMINAL APPLICATION NO.900 OF 2006
Mahendra Jaswant Patel ..Applicant
V/s.
The State of Maharashtra ..Respondent
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Office Notes, Office
Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s orders
or directions and
Registrar’s orders
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Mr.Shekhar A.Ingawale for the
applicant.
Mr.A.S.Shitole APP for the State.
Coram : R.S.Mohite,J
Date : 24.4.2006.
PC
1. Heard both sides. Rule. By
consent, rule made returnable
forthwith. Leave to amend the
surname of the applicant.
Amendment to be carried out
forthwith.
2. I have seen the certified
copies of the orders. It appears
to be the correct position that
the order passed in Criminal
Revision Application 163/99 has
an error in so far as the
discharge ought to have been
given to the accused persons in
respect of RCC No.1/1989 to
: 2 :
3/1989. It appears that the
mistake has crept in because
judgment and order was passed on
the same day in companion matter
bearing Criminal application
no.162/1999 and is probably
copied by the Stenographer
without making necessary changes.
This position is fairly conceded
by the APP. Certified copies of
the judgment and orders passed in
Criminal Application No.163/1999
and 162/1999 are taken on record
and marked "X" and "X-1" for
identification. In the
circumstances, rule made absolute
in terms of prayer clause-(a).
(R.S.Mohite,J)
3 issues framed by the court
Whether the applicant is entitled to a rule made absolute to correct an clerical error in a prior discharge order.
Whether restitution is required by ordering a fresh hearing.
Whether dismissal of the application was warranted due to the applicant's dispensation from personal appearance.
Mahendra Jaswant Patel
The State of Maharashtra
R.S.Mohite
As recorded by the court registry
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