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BHERU @ BHERIYA v STATE - CRLMP Case No. 1685 of 2006 [2007] RD-RJ 1 (1 January 2007)

S.B.Criminal Misc. Petition No.1685/2006

(Bheru alias Bheriya vs. State of Rajasthan)

Date of order : January 03, 2007


Mr.A.K.Acharya, for the petitioner.

Mr.Rameshwar Dave, P.P.

By the instant criminal misc. petition under section 482

Cr.P.C., learned counsel for the petitioner submits that due to inadvertence in the bail application filed on behalf of petitioner

Bheru alias Bheriya being S.B.Cr.Misc. Bail Application

No.5677/2006, it was mentioned therein that the petitioner is lodged in District Jail, Chittorgarh, whereas in fact, the petitioner is lodged in District Jail, Rajsamand. It is further submitted that due to the oversight and inadvertence, Police Station, Rashmi has been written in the original bail application, whereas the petitioner sought the bail in FIR No.155/98 dt. 20.9.1998, Police

Station, Kelwara and, therefore, while granting the bail to the petitioner by order dt. 18.12.2006, it was directed that the petitioner be released on bail in FIR No.155/1998, Police Station,

Rashmi, whereas the said FIR pertains to the Police Station,

Kelwara. Learned counsel for the petitioner has placed on record the FIR No.155/98, Police Station, Kelwara.

From the perusal of the FIR, it appears that the petitioner sought the bail in FIR No.155/98, Police Station, Kelwara and not the Police Station, Rashmi. In this view of the matter, in the order dt. 18.12.2006 passed in S.B.Cr.Misc. Bail Application

No.5677/2006, wherever the expression "Rashmi" appears and

District Jail, Chittorgarh, the expression "Kelwara" and District

Jail, Rajsamand is substituted and it is made clear that petitioner Bheru alias Bheriya has been granted bail by this Court in FIR No.155/98 dt. 20.9.1998, Police Station, Kelwara.

The petition is accordingly disposed of.

(H.R.PANWAR),J. m.asif/-


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