Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:25965
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1650 of 2025 1 - Lakki Gend Kumar Koshle S/o Natthu Lal Koshle Aged About 32 Years, 2 - Shankar Koshle S/o Natthu Lal Koshle Aged About 27 Years, 3 - Siyaram Koshle S/o Hemlal Koshle Aged About 26 Years, 4 - Premlal Koshle S/o Manohar Koshle Aged About 38 Years, 5 - Anandram Koshle S/o Manbodhi Koshle Aged About 30 Years, 6 -Jagdish Koshle S/o Manbodhi Koshle Aged About 37 Years, 7 - Seetaram Koshle S/o Manohar Koshle Aged About 32 Years, All are R/o Village Bhanwarpur, Police Station And Tahsil Sarangarh, District Sarangarh-Bilaigarh (C.G.) ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station, District Sarangarh-Bilaigarh (C.G.)
... Respondent For Applicants : Shri Shikhar Sharma, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 19/06/2025
1. This petition under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, is filed seeking modification/correction of the order dated 30/04/2025 passed by this Court in MCRCA No. 600 of 2025 to include the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.20 16:20:09 +0530
2 Section 117 (4) of B.N.S. along with offence under Section 115 (2) & 191 (2) of B.N.S.
2.
Learned counsel for the petitioners submits that the petitioners earlier filed an anticipatory bail application before this Court, which got registered as MCRCA No.600/2025 and was listed before the Court on 30-04-2025 and the Court allowed the bail application of the applicants/petitioners. He would submit that in the earlier bail application inadvertently due to typographical mistake, one offence under Section 117 (4) of B.N.S. could not be mentioned, whereas the offence under Section 115 (2) & 191 (2) of B.N.S. could only be mentioned, whereas in the order dated 24-03-2025 passed by the Additional Sessions Judge Sarangarh, District Sarangarh-Bilaigarh (C.G.), it is mentioned that the offence under Section 117 (4) of B.N.S. have been subsequently added in the FIR, but originally the FIR was registered under Section 115 (2) & 191 (2) of B.N.S. He would submit that the mistake which have happened in non-mentioning of the Section 117 (4) of BNS is bonafide and unintentional, the said offence is a non-bailable offence and other offences i.e. under Section 115 (2) & 191 (2) of B.N.S are bailable offences and because of which the petitioners approached before this Court for getting anticipatory bail in respect of offences under Section 117 (4), which is non- bailable offence. He would further submit that the mistake on the part of petitioners are bonafide because of which the petitioners seeks the relief from this Court in respect of correction in the order dated 30-04-2025 passed in MCRCA No.600/2025 to include the offence under Section 117 (4) of B.N.S. along with offence under Section 115 (2) & 191 (2) of B.N.S in the order dated 30-04-2025 passed in MCRCA No.600/2025. 3. The prayer made by the petitioners appears to be reasonable as because of the mistake on the part of the petitioners, offence under Section
3 117 (4) of B.N.S. could not be included in the order 30-04-2025 passed in MCRCA No.600/2025 along with offence under Section 115 (2) & 191 (2) of B.N.S.
4. In view of the above, in the first para of the order 30-04-2025 passed in MCRCA No.600/2025 in place of word “the offences punishable under Sections 115 (2) & 191 (2) of Bhartiya Nyay Sanhita it be read as “the offences punishable under Sections 115 (2), 191 (2) & 117 (4) of Bhartiya Nyay Sanhita. 5. Accordingly, this Cr.M.P. stands allowed. 6.
Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. 7. A copy of this order be kept in the record of MCRCA No.600/2025. Sd/-
(Ramesh Sinha)
Chief Justice gouri