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Judgment
Heard the parties through video conferencing.
Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the
present.
This criminal miscellaneous petition has been filed by the petitioners with a prayer for modification of the order dated 14.10.2020 passed in A.B.A.
No.5064 of 2020.
It is submitted by the learned counsel for the petitioners that vide order dated 14.10.2020 passed in A.B.A. No.5064 of 2020, the privilege of
anticipatory bail was granted to the petitioners in connection with Khunti P.S. Case No.27 of 2015 which was registered upon the Complaint Case
No.07 of 2015 being referred to police under Section 156 (3) Cr.P.C. and in the said Khunti P.S. Case No.27 of 2015, the police after investigation,
submitted final form and did not send up the petitioners for trial but later on upon Protest Petition No.43 of 2015 being filed by the informant, the court
found prima facie case and hence, it is submitted that the case number of the said corresponding Protest Petition No.43 of 2015 be also mentioned in
the said order dated 14.10.2020 passed in A.B.A. No.5064 of 2020 which the petitioners inadvertently could not mention in their bail petition. It is then
submitted that due to the absence of the number of the Protest Petition in the said order dated 14.10.2020 passed in A.B.A. No.5064 of 2020 the
petitioners could not surrender before the court below within the stipulated time. It is then submitted that the petitioners are ready and willing to
surrender before the learned court below and unless six weeks' extension is granted to the petitioners, the petitioners will be highly prejudiced. Hence,
it is submitted that the order dated 14.10.2020 passed in A.B.A. No.5064 of 2020 be modified accordingly by mentioning 'Khunti P.S. Case No.27 of
2015 arising out of Complaint Case No.07 of 2015 in Protest Petition No.43 of 2015' as the relevant case number instead of "" Khunti P.S. Case No.27
of 2015"" as mentioned in the said order and the time period for the petitioners to surrender before the court below in terms of the order dated
14.10.2020 passed in A.B.A. No.5064 of 2020, be extended by six weeks from the date of this order.
Learned counsel for the State has not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioners, the order dated 14.10.2020 passed in A.B.A. No.5064 of 2020 is
modified to the extent that the words 'corresponding to Protest Petition No.43 of 2015' be read as being mentioned after the words 'Khunti P.S. Case
No.27 of 2015' appearing respectively in fourth and last paragraphs of the said order dated 14.10.2020 passed in A.B.A. No.5064 of 2020 and the
time period for the petitioners to surrender in the court below is also extended by six weeks from the date of this order.
The order dated 14.10.2020 passed in A.B.A. No.5064 of 2020 is modified to the aforesaid extent only.
This criminal miscellaneous petition is disposed of accordingly.