The High Court allowed a miscellaneous petition correcting an operative error in a bail order where the name of one of five petitioners was inadvertently omitted despite the court's intent to grant bail to all.
The order dated 10/04/2018 was read over to include the name of petitioner No. 5 Tejaram S/o Vagataram in the bail order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Petition No. 1172 / 2018
IN
S.B. Criminal Misc. Bail No. 3079 / 2018
----Petitioners
Versus
State of Rajasthan Through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. Pradeep Shah For Respondent(s) : Mr. Ashok Upadhyay,PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/04/2018
The present Criminal Misc. Petition has been filed for
correction in the order dated 10/04/2018 passed in S.B. Crl. Misc. Bail Application No. 3079/2018 whereby Court had granted bail to the petitioners under Section 439 Cr.P.C. but inadvertently the name of petitioner No. 5 Tejaram S/o Vagataram was not typed in the operative portion of the bail order.
Upon perusal of the file, it is revealed that there are five petitioners in the Bail Application and all the petitioners were
(2 of 2)
ordered to be released on bail, however, name of petitioner No. 5 Tejaram S/o Vagataram is not typed in the order dated 10/04/2018.
Accordingly this Criminal Misc. Petition is allowed. In the order dated 10/04/2018, the operative portion may be read as under :-
“Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Sunil Kumar S/o Hardanaram, (2) Mahendra Kumar S/o Himataram , (3) Jeetaram @ Jitendra Kumar S/o Jhalaram, (4) Goparam S/o Nimbaram, and (5) Tejaram S/o Vagataram shall be released on bail in connection with FIR No. 49/2018 of Police Station Jalore, District Jalore; provided they execute a personal bond in a sum of Rs. 80,000/with two sound and solvent sureties of Rs.40,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.”
(MANOJ KUMAR GARG) J.
Hanuman
Sunil Kumar S/o Hardanaram
Mahendra Kumar S/o Himataram
Jeetaram @ Jitendra Kumar S/o Jhalaram
Goparam S/o Nimbaram
Tejaram S/o Vagataram
State of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
