Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:28288
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1949 of 2025 Abhishek Raj S/o Shri Rajendra Kumar Aathwani Aged About 32 Years Bonafide R/o Ward No. 21. Tirhut Colony, Madhubani, P.S. Madhubani Bihar Presently R/o At House Of Aashish Pathak Anant Vihar Colony, Pandri P.S. Pandri District - Raipur (C.G.)
... Petitioner versus State Of Chhattisgarh Through Police Station Pandri District - Raipur (C.G.)
... Respondent For Petitioner : Mr. Jitendra Nath Nande, Advocate For Respondent : Mrs. Upasana Mehta, Deputy Govt. Advocate
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 26.06.2025 1) Heard. 2) This CRMP is filed for modification of judgment dated 22.04.2025 passed by this Court in CRA No. 648 of 2018. 3) Learned counsel for the petitioner submits that on 22.04.2025 after hearing the parties and perusing the record this Court in CRA No. 648 of 2018 passed the judgment and dismissed the said criminal appeal. However, due to misunderstanding of this Court in para 23 of the
judgment held that the appellant is in jail and he shall serve out the sentence as ordered by the Trial Court. But during the pendency of the criminal appeal the appellant was already released on bail vide order dated 03.04.2019 passed by this Court. Also in para 24 of the judgment this Court stated that “Registry is directed to send a copy of this
judgment to the concerned Superintendent of Jail where the appellant is
2 undergoing his jail sentence to serve the same on the appellant informing him that he is at liberty to assail the present judgment passed by this Court by preferring an appeal before the Hon’ble Supreme Court with the assistance of High Court Legal Services Committee or the Supreme Court Legal Services Committee. But at present the appellant is on bail therefore the sentence underlining in para 24 about the undergoing of sentence by the present appellant is wrong which needs to be corrected/modified. 4) Learned counsel for the State did not objected the same and supported the submission made by the learned counsel for the appellant. 5) I have heard learned counsel for the respective parties and perused the record with utmost circumspection. Section 362 of the CrPC:- Court not to alter judgment Save as otherwise provided by this Code or by any other law for the time being in force, no Court when it has signed its
judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error. 6) It is an admitted fact that on board after hearing both the respective parties, vide order dated 22.04.2025 passed the judgment whereby the appeal was dismissed. However, due to some typographical and inadvertent mistake, it was not seen the appellant was on bail, hence para 23 and 24 of the said judgment was wrongly typed. It is directed that the para no. 24 would not be deleted and para no. 23 would now be read as:
“23. It is reported that the appellant is on bail.” 7) Accordingly, CRMP stands disposed of. 8) A copy of this order shall be made part of CRA No. 648 of 2018 and a copy of the same be also supplied along with order dated 22.04.2025. 9) CC as per rules. sd/-
(Arvind Kumar Verma)
JUDGE alfiza