High CourtsSingle Bench(2023) 09 GUJ CK 0020

Jayesh @ Bhuro Dahyabhai Pipaliya Through Pipaliya Hasmukhbhai Laxmanbhai vs State Of Gujarat

Gujarat High Court · Decided on 8 September 2023

HON’BLE JUDGES
Nirzar S. Desai, J
RESULT
Allowed
CASE NUMBER
Criminal Misc. Application (Modification/Deletion Of Condition) No.1 Of 2023 In R/Criminal Misc. Application No.14410 Of 2023

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Judgment

7 paragraphs · 251 words

Nirzar S. Desai, J

1.

By way of this application for modification, the applicant has prayed for the following reliefs :-

"(A) YOUR LORDSHIPS may be pleased to modify the temporary bail order dated 18.08.2023 passed in Criminal Misc. Application No.14410 of 2023 and further be pleased to modify the FIR number of applicant i.e. C.R. No. 11192050210614 instead of C.R. No.111920502120 in order in intereset of justice.

(B) YOUR LORDSHIPS be pleased to grant such other and further reliefs as may be deemed fit in the interest of justice."

2.

It is submitted by learned advocate Ms. Sonalben C. Chavda appearing for the applicant that though this Court has granted temporary bail to the applicant vide order dated 18.8.2023, because of mistake committed by her in stating incorrect FIR number in the memo of said application, the applicant could not be released. She, therefore, submitted that she may be permitted to correct the FIR number in the interest of justice.

3.

Looking to the facts of the matter, temporary bail was granted to the applicant vide order dated 18.8.2023 and it is almost after 20 days, because of a mistake committed in drafting the application as correct FIR number was not stated in the application, the applicant has to remain in jail.

4.

In view of that, the present application stands allowed. The applicant is permitted to correct the FIR number in the memo of original application in the interest of justice. Registry is directed to issue fresh writ accordingly.