Allowed

Gaurav Gupta S/O Krishna Murari Gupta v. State of Rajasthan

Rajasthan HC11 Nov 2022CRLMA/384/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous application to correct a typographical error in a bail order. The error was that the order mentioned injuries to the 'deceased' instead of the 'injured', based on evidence that the petitioner injured a different person.

What did the court decide?

Para 2 of the bail order dated 09.11.2022 is to be read with the name of the 'injured' instead of the 'deceased'.

Gaurav Gupta S/O Krishna Murari Gupta Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Application No.384/2022

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S.B. Criminal Misc. Bail No.15542/2022

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Gaurav Gupta S/o Krishna Murari Gupta, R/o Near Rajendra Hotel, Dadwara Kota Junction Kota (Raj.). (At present in the Central Jail, Kota).

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----Petitioner

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Versus

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State of Rajasthan Through Public Prosecutor.

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----Respondent

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For Petitioner(s) : Mr. Ashvin Garg, Adv.

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For Respondent(s) : Mr.Sanjeev Mahala, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

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11/11/2022

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The present criminal misc. application has been filed for correcting typographical error/some omission in the order dated 09.11.2022 passed in S.B. Crl. Misc. Bail Application No.15542/2022.

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Learned counsel for the petitioner submits that this Court has granted bail to the petitioner under Section 439 Cr.P.C. vide order dt. 09.11.2022 wherein it is mentioned that the injury, which is alleged to have been received by the deceased on his hand, has been attributed to the present petitioner, whereas the petitioner has inflicted injury on the hand of the injured instead of the deceased. It is submitted that the injured Anoop Kushwah (PW-3) has specifically stated in his statement that the present petitioner inflicted injury to him on his hand. The omnibus allegations have been made against all the accused for causing injuries to the deceased. Therefore, it is prayed that the necessary correction may be made in the order dt. 09.11.2022.

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(2 of 2)

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I have heard learned counsel for the petitioner and perused the order dt. 09.11.2022.

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It is evident from the material available on record and contentions raised by learned counsel for the petitioner that the petitioner has inflicted injury on the hand of the injured instead of the deceased and there are omnibus allegations against all the accused for causing injuries to the deceased. Thus, it appears that there is omission/typographical error in the order dt. 09.11.2022. Accordingly, the present criminal misc. application is allowed and it is ordered that para 2 of the order dated 09.11.2022 passed by this Court in S.B. Criminal Misc. Bail No. 15542/2022 be read as under:

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“Learned counsel for the petitioner submits that the injury, which is alleged to have been received by the injured on his hand, has been attributed to the present petitioner and there are omnibus allegations against all the accused for causing injuries to the deceased. The petitioner is in judicial custody since 7^th November, 2021 and the trial of the case will take sufficient long time for disposal. Therefore, the benefit of bail should be granted to the petitioner.”

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(MANOJ KUMAR GARG) J.

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c-1 NK

Gaurav Gupta S/O Krishna Murari Gupta v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gaurav Gupta S/O Krishna Murari Gupta v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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