Allowed

Rajendra Singh S/O Than Singh v. State of Rajasthan

Rajasthan HC12 May 2022CRLMA/162/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous application to correct an inevitable clerical error in a bail order. The earlier order inadvertently omitted the names of two appellants, despite having granted them bail alongside a third. The court corrected the order to formally include the omitted names and conditions.

What did the court decide?

Order dated 26.04.2022 amended to include petitioners' names; petitioners to be released on bail with bond and sureties.

Rajendra Singh S/O Than Singh Vs State of Rajasthan — Writ and Judicial Review | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Application No. 162/2022

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Rajendra Singh S/o Than Singh, R/o Jaycholi, Police Station Uchchain, District Bharatpur (Raj) (At Present Confined In Centrl Jail, Sewar Bharatpur)

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Omveer Singh S/o Than Singh, R/o Jaycholi, Police Station Uchchain, District Bharatpur (Raj) (At Present Confined In Central Jail, Sewar Bharatpur)

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p

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Harbhan S/o Gopi, R/o Jaycholi, Police Station Uchchain, District Bharatpur (Raj)

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----Respondents

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For Petitioner(s)	:	Mr Rajeev Kumar Sogarwal
For Respondent(s)	:	Mr Laxman,Public Prosecutor

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HON'BLE MR. JUSTICE FARJAND ALI

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Judgment / Order

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12/05/2022

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Instant criminal misc application has been preferred on behalf of appellants Rajendra Singh and Omveer Singh, contending therein that though the bail plea raised by the appellants by way of filing Criminal Appeal (No.593/2022) has been allowed by this Court on 26.04.2022, however, due to inadvertence, in the operative paragraph; names of the appellants Rajendra Singh and Omveer Singh have been left to be mentioned and therefore, the court below is not accepting their bail bonds and surety.

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(2 of 3)

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[CRLMA-162/2022]

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Heard the learned counsel and gone through the order impugned and relevant material on record.

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This Court while hearing bail plea of Rajveer Singh in Cr. Appeal No.592/2022 along with bail plea of Rajendra Singh and Omveer Singh in Cr. Appeal No.593/2022 on 26.04.2022, after hearing the parties had allowed the appeals and the appellants were directed to be released on bail upon furnishing of bail bonds as ordered. However, operative paragraph of the order dated 26.04.2022 simply mentioned the name of Rajveer Singh, appellant in Cr. Appeal No.592/2022 and inadvertently, the names of Rajendra Singh and Omveer Singh, appellants in Cr. Appeal No.593/2022 have been left to be mentioned.

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Therefore, it is deemed appropriate to make necessary correction in the order dated 26.04.2022 passed in Cr. Appeal No.592/2022 and Cr. Appeal No.593/2022 accordingly. It is ordered that the operative paragraph of the order dated 26.04.2022 shall read as under:

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“Consequently, the instant appeal is allowed. The impugned order dated 06.04.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bharatpur in Cr. Cases No.144/2022 and 145/2022 is set aside. It is ordered that the accused-appellant Rajveer s/o Batra {Cr. Appeal No.592/2022) and accusedappellants- 1) Rajendra Singh s/o Than Singh, 2) Omveer Singh s/o Than Singh {Cr. Appeal No.593/2022} r/o Jaycholi arrested in connection with aforesaid FIR No.311/2021, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of the learned trial court, with the stipulation to appear before the Court on all dates of hearing and as & when called upon to do so.”

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(3 of 3)

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[CRLMA-162/2022]

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This order shall form part & parcel of the aforesaid order dated 26.04.2022, passed in Cr. Appeals No.592/2022 and 593/2022.

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The application is disposed of accordingly.

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( FARJAND ALI),J

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RAJAT KUMAR /671

Rajendra Singh S/O Than Singh v. State of Rajasthan

Case brief

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Rajendra Singh S/O Than Singh v. State of Rajasthan

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