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2026 DAILYLAW 24691 (CHH)

GULSHAN KUMAR SAHU v. STATE OF CHHATTISGARH

CRMP/1729/2026 · 2026-07-02

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Judgment text

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1 2026:CGHC:27427 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1729 of 2026 Gulshan Kumar Sahu S/o Lekhram Sahu Aged About 18 Years R/o Rivagahan Tehsil Patan, District Durg, Chhattisgarh. ... Petitioner(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Balod, District Balod, Chhattisgarh. ... Respondent(s) For Petitioner(s) : None. For Respondent(s) : Mr. Saumya Rai, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.07.2026 1. The present Criminal Miscellaneous Petition has been registered on an Office Reference seeking modification/correction of the order dated 22.06.2026 passed by this Court in M.Cr.C. No. 3522 of 2026. 2. While hearing the bail application of the co-accused, namely, Aman Soni, bearing MCRC No.5840 of 2026 on 02.07.2026, Ms. Smriti AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Shrivastava, learned Panel Lawyer, appearing for the State has pointed out that the prosecution story contained in paragraph No.2 of the order dated 22.06.2026 passed in MCRC No.3522 of 2026 has wrongly been typed and does not reflect the prosecution case of the said case, though the said discrepancy ought to have been brought to the notice of the Court by Mr. Aman Tamrakar, learned counsel who had appeared in the said case. 3. Accordingly, this Court directed the Registry to register an Office Reference and place the same before this Court seeking correction/modification of the order dated 22.06.2026 passed in MCRC No. 3522 of 2026. 4. In compliance of the said direction, the PUD has been placed before Hon’ble the Chief Justice on 02.07.2026 mentioning therein that, after disposal of M.Cr.C. No. 3522/2026 vide order dated 22.06.2026, it was noticed that an inadvertent error had occurred in the said order. Consequently, request has been made to register a Criminal Miscellaneous Petition (Cr.M.P.) for recall/modification of the order dated 22.06.2026 passed in M.Cr.C. No. 3522/2026 and to list the same before the appropriate Bench for necessary orders and after approval, the present matter being CRMP No.1729/2026 is listed today before this Court. 5. From perusal of order dated 22.06.2026 passed in MCRC No.3522 of 2026, it appears that due to an inadvertent typographical error committed by the concerned Stenographer while preparing the 3 order, the prosecution story contained in paragraph No.2 of the order dated 22.06.2026 was wrongly typed and does not reflect the prosecution case of the said case. 6. Having perused the office reference and the record of the case, this Court is satisfied that the error is purely inadvertent and clerical in nature. Since the mistake has occurred in recording the prosecution story and the correction sought is only to bring the order in conformity with the record, the same deserves to be allowed. 7. Accordingly, the Criminal Miscellaneous Petition is allowed. 8. It is directed that paragraph No.2 of the order dated 22.06.2026 passed in MCRC No. 3522 of 2026 shall be read as under: "The prosecution story, in brief, is that on 06.02.2026, near the Ama Para canal drain, the present applicant along with two other co-accused persons allegedly abused and assaulted the injured persons, Dharmendra and Praveen, with fists and kicks. It is further alleged that the applicant, along with the co-accused, attacked Praveen with a knife on his abdomen and back with the intention of causing his death, thereby inflicting grievous injuries. Initially, an FIR was registered against unknown persons. During investigation, the spot map was prepared, statements of witnesses were recorded, seizure proceedings were conducted, the injured persons were medically examined, and memorandum statements of the accused were recorded. On the basis of the material collected during investigation, the applicant was arrested on 4 08.02.2026 and has remained in judicial custody since then. The case diary further indicates that the injured Praveen sustained serious knife injuries and was undergoing treatment at the District Hospital, Balod at the relevant time. Hence, the bail application." 9. The remaining part of the order dated 22.06.2026 passed in MCRC No. 3522 of 2026 shall remain intact. 10. A copy of this order be placed on record along with the main order dated 22.06.2026 passed in MCRC No. 3522 of 2026. 11. Office is directed to supply a copy of this order along with a copy of the order dated 22.06.2026 passed in MCRC No. 3522 of 2026 to learned counsel for the applicant and also send to the concerned trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil