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2026 DAILYLAW 4706 (GUJ)

PATEL MANISH RASIKBHAI v. STATE OF GUJARAT

CR.MA/625/2026 · 2026-01-09

P M Raval

body2026

Judgment text

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (RECALL) NO. 625 of 2026 In R/CRIMINAL REVISION APPLICATION/1621/2024 ========================================================== PATEL MANISH RASIKBHAI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ADITYA T PANCHOLI(13067) for the Applicant(s) No. 1 RAFIK LOKHANDWALA(5590) for the Applicant(s) No. 1 ROHAN SHAH APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL Date : 09/01/2026 ORAL ORDER 1. Learned Advocate for the applicant submits that the present application has been preferred for recall of the order dated 05.01.2026 passed by this Court in Criminal Misc. Application No. 1/2025 in Criminal Revision Application No. 1621/2024, mainly on the ground that the applicant had filed two Criminal Revision Applications, being Criminal Revision Application Nos. 1620/2024 and 1621/2024, both arising out of separate convictions under Section 138 of the Negotiable Instruments Act, 1881. Learned Advocate further submits that in Criminal Revision Application No. 1621/2024, the applicant had already undergone the sentence during the pendency of the revision application and, due to inadvertence, a prayer for suspension of sentence was made. Therefore, the applicant seeks recall of the order suspending the sentence and enlarging the applicant on bail passed by this Court on p. 1 05.01.2026. 2. Considering the averments made in the application and the oversight and inadvertent mistake on the part of the learned advocate, the said order is recalled. 3. After dictation of the order, learned Advocate submits that on the next date of hearing, he shall submit the certificate of sentence undergone in the present case and place the same on record. 4. Accordingly, the order dated 05.01.2026 passed by this Court in Criminal Misc. Application No. 1/2025 in Criminal Revision Application No. 1621/2024 stands recalled. 5. It is clarified that though this Court does not ordinarily have the power to recall its own order in criminal jurisdiction, considering the peculiar facts and circumstances of the case, and particularly the mistake on the part of the applicant, no prejudice would be caused. Under such circumstances, the present order of recall is passed. (P. M. RAVAL, J) MMP p. 2 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 09/01/2026 14:03:43