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Prakash Son of Ruryaram Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2021)

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Rajasthan HC
2021
Prakash Son of Ruryaram Vs State of RajasthanPrakash Son of Ruryaram v. State of Rajasthan

Allowed

Prakash Son of Ruryaram v. State of Rajasthan

Rajasthan HC21 Jan 2021CRLMA/15/2021

Case brief

AI extract

What is this about?

The Court allowed a correction application to amend an earlier bail order dated 18.01.2021. The amendment corrected the FIR number and the offences cited in the subject matter based on an amended cause title filed by the petitioner.

What did the court decide?

Application allowed; amended cause title taken on record; impugned order amended to reflect correct FIR No. 365/2020 and offences 376, 450, 323 IPC.

What the court decided

AI extract

Outcome

Application allowed; amended cause title taken on record; impugned order amended to reflect correct FIR No. 365/2020 and offences 376, 450, 323 IPC.

Issue for consideration

Whether the correction application for erasing a clerical error in the subject matter FIR number and offences in the bail order should be allowed?

Detailed headnote1 paragraphs

In a bail correction application, the Court allowed the petition to rectify a clerical error in an earlier order. The order after correction read the FIR number as 365/2020 and the offences as under Sections 376, 450, 323 of the IPC. The corrected order is treated as part of the impugned order.

A compact analysis

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.

A

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc. Application No.15/2021

in

S.B. Criminal Miscellaneous Bail Application No. 291/2021

Prakash Son Of Ruryaram, Aged About 42 Years, R/o Kotwas, Police Station Suroth, District Karauli (Raj.) (At Present Sub Jail Hindaun City)

----Petitioner

Versus

State Of Rajasthan, through PP

----Respondent

For Petitioner(s) For State

: Mr. Jiya Ur Rahman : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

21/01/2021

The matter comes upon an application filed by the petitioner for correction in the order dated 18.01.2021 passed in S.B. Criminal Misc. Bail Application No.291/2021.

It is contended by counsel for the petitioner that erroneously in the order dated 18.01.2021 passed in S.B. Criminal Misc. Bail Application No.291/2021, in the subject matter FIR number was wrongly mentioned. It is also contended that offences have also been wrongly mentioned. It is contended that amended cause title has been filed.

I have considered the contentions.

(2 of 2)

[CRLMA-15/2021]

Considering the contentions put forth by counsel for the petitioner, application is allowed. Amended cause title filed with the application is taken on record in the main bail application.

In the impugned order dated 18.01.2021 passed in S.B. Criminal Misc. Bail Application No.291/2021, in Para No.2, “FIR No.354/2020” now be read as “ FIR No.365/2020”. Simultaneously, offence under “Sections 376, 323, 504” also now be read as “376, 450, 323, of IPC”.

This order be treated as part and partial of the order dated 18.01.2021.

(PANKAJ BHANDARI),J

CHANDAN /89

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the correction application for erasing a clerical error in the subject matter FIR number and offences in the bail order should be allowed?

Parties & counsel

AI extract

petitioner
Prakash Son Of Ruryaram
respondent
State Of Rajasthan

Coram

AI extract

Pankaj Bhandari

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 21 Jan 2021 · January
Registered: 20 Jan 2021
Case no.: CRLMA/15/2021
CNR: RJHC020056402021
Topic: Bail and Remand
Bench: Pankaj Bhandari
Disposal: ALLOWED

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Cite this judgement

Prakash Son of Ruryaram v. State of Rajasthan, CRLMA/15/2021 (RJ), decided on 21 January 2021.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Pankaj Bhandari

Parties & counsel