Petitioner filed criminal miscellaneous petition to modify bail order under Section 482 Cr.P.C. Court substituted correct name of the court for furnishing bail bond, releasing petitioner from custody.
Modified bail order to read Chief Judicial Magistrate, Khunti instead of Additional Sessions Judge-I, Khunti; petitioner given release from custody.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M.P. No.40 of 2021
Mahadeo Swansi … Petitioner
Versus
The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Arun Kumar, Adv. For the State : Mr. Veervijay Pradhan, P.P. ------
02/05.03.2021 Heard the parties through video conferencing.
This criminal miscellaneous petition has been filed under Section 482 Cr.P.C. by the petitioner with a prayer for modification of the order dated 14.12.2020 passed in B.A. No.9723 of 2020.
It is submitted by learned counsel for the petitioner that the petitioner was admitted to bail vide order dated 14.12.2020 passed in B.A. No.9723 of 2020 whereby the petitioner is to furnish the bail bond in the court of Additional Sessions Judge-I, Khunti. It is next submitted that as in the bail application, the name of the court where the case is pending, has been wrongly mentioned as learned Additional Sessions Judge-I, Khunti instead of the correct name of the court being the court of learned Chief Judicial Magistrate, Khunti and consequently the name of the court Additional Sessions Judge-I, Khunti has been mentioned in the order dated 14.12.2020 passed in B.A. No.9723 of 2020 by this Court and because of the same, the petitioner could not released from the custody. Hence, it is submitted that the order dated 14.12.2020 passed in B.A. No.9723 of 2020 be modified by substituting the words “Additional Sessions Judge-I, Khunti” with the words “Chief Judicial Magistrate, Khunti”.
Considering the aforesaid facts, the order dated 14.12.2020 passed in B.A. No.9723 of 2020 is modified to the extent that the name of the Court where the petitioner has to furnish bail bond in order to be released on bail be read as Chief Judicial Magistrate, Khunti instead of
Additional Sessions Judge-I, Khunti but other conditions shall remain the same.
This criminal miscellaneous petition is disposed of accordingly.
Pappu/
(Anil Kumar Choudhary, J.)
2 issues framed by the court
Whether bail order be modified to correct the name of the court required to furnish the bail bond.
Whether the petitioner is entitled to modification removing custody due to clerical error in the bail order.
1 provisions across 1 enactments
Mahadeo Swansi
The State of Jharkhand
ANIL KUMAR CHOUDHARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
