Priteshbhai S/O Bhikhabhai Narsihbhai ... vs State Of Gujarat on 24 August, 2020

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Gujarat High Court

Priteshbhai S/O Bhikhabhai Narsihbhai ... vs State Of Gujarat on 24 August, 2020

Bench: A. P. Thaker

        R/CR.MA/9573/2020                                   ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL MISC.APPLICATION NO. 9573 of 2020
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  PRITESHBHAI S/O BHIKHABHAI NARSIHBHAI PATEL(KADVA PATEL)
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR PARTHIV B SHAH(2678) for the Applicant(s) No. 1
MS. MAITHILI MEHTA, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

                            Date : 24/08/2020

                             ORAL ORDER

Heard Mr. Shivam Parikh, learned advocate for Mr. Parthiv Shah, learned advocate for the applicant and Ms. Mehta, learned APP for the respondent State through Videoconferencing.

The present matter has been place by the Registry on the basis of the Speaking to Minutes Notes filed by learned advocate Mr. Parthiv Shah for the applicant.

Today, Mr. Shivam Parikh, learned advocate appearing on behalf of Mr. Partiv Shah, learned advocate for the applicant has submitted that this Court has grante the bail to the applicant vide order dated 6.8.2020, but there is an inadvertant mistake in Para2 of the Order dated 6.8.2020 wherein Section 302 and Section 120(B) of the Indian Penal Code are not mentioned.

When the attention of learned advocate Mr. Parikh was drawn to the fact that in the entire papers, there is no specific mention about Section 302 and Section 120(B) of the Indian Penal Page 1 of 2 Downloaded on : Tue Aug 25 02:50:57 IST 2020 R/CR.MA/9573/2020 ORDER Code in the prayer clause at PageJ. On perusal of the application, it appears that in Para1 of the application, there is mention regarding subsequent addition of Section 302 and Section 120(B) of the Indian Penal Code.

In view of the above, the following order is passed:

In view of the order dated 6.8.2020 of this Court, in Para2 of the said order, Section 302 as well as Section 120(B) of the Indian Penal Code be added and the said para be read as under:

"The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R. No. I5/2020 registered with Kheralu Police Station, District: Mehsana for the offences punishable under Sections 302, 307, 143, 147, 148, 149, 323, 504, 506(2), 403 and 120(B) of the Indian Penal Code and Section 135 of the G.P. Act."

The Registry is directed to issue fresh writ to the concerned authorities.

With the above observations, the notes for Speaking to Minutes stands disposed of.

(A. P. THAKER, J) SAJ/ RAVI P. PATEL Page 2 of 2 Downloaded on : Tue Aug 25 02:50:57 IST 2020

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