High Court allowed correction under S. 362 CrPC to insert missing case number in a prior bail order granting interim bail of Rs. 25,000 to applicant in POCSO matter, disposing application.
Application to correct judgment text disposed of after noting insertion of case number.
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GAHC010088702023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/338/2023
TAIZUDDIN, S/O EYAD ALI,
RESIDENT OF VILLAGE BILORTARI, PS KALGACHIA, DIST BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR. REPRESENTED BY PP ASSAM
2:FARHAD ALI
S/O LATE SAHIDUL ISLAM RESIDENT OF DIMAPUR PS KALGACHIA DIST BARPETA ASSAM
Advocate for the Petitioner : MR. B CHOWDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
02.05.2023
Heard Mr. B. Chowdhury, learned counsel representing the applicant as well as Mr. B. Sarma, learned Additional Public Prosecutor, Assam.
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This application has been filed under section 362 of the CrPC praying for correction of the Order dated 20.04.2023 passed in IA(Crl.) 621/2022 in Crl. Appeal No. 260/2022.
By that order, the applicant Taizuddin was allowed to go on bail of Rs.25,000/with a surety of like amount. But the relevant case number was not mentioned in that order.
Therefore, the paragraph 9 of the Order dated 20.04.2023 passed in IA (Crl.) 621/2022 in Crl. Appeal No. 260/2022 stands corrected accordingly in the following manner:
“The applicant/petitioner Taizuddin is allowed to go on bail of Rs.25,000/with a surety of like amount to the satisfaction of the learned Addl. Sessions Judge –cum- Special Judge, POCSO, Barpeta in connection with Special POCSO Case No. 20 of 2019……”.
This order shall form a part of the order dated dated 20.04.2023 passed in IA(Crl.) 621/2022 in Crl. Appeal No. 260/202.
The IA(Crl.) is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an interim bail order correcting a clerical omission in the judgment text can be issued under Section 362 CrPC.
1 provisions across 1 enactments
Taizuddin, S/O Eyad Ali
The State of Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
