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Judgment
Satyendra Kumar Singh, J
This petition has been filed under Section 482 of Cr.P.C. for correction/ modification in the order dated 9.11.2021 passed in M.Cr.C.No.51051/2021, whereby this Court has granted regular bail to the applicant under Section 439 of Cr.P.C.
Learned counsel for the applicant submits that due to misconception or inadvertence the above mentioned order has been passed "under Section 439 of Cr.P.C". in place of "Section 438 of Cr.P.C". and prays for modification of the order dated 9.11.2021 passed by this Court in M.Cr.C.No.51051/2021, accordingly.
After perusal of the order dated 9.11.2021 passed by this Court, and the record of aforesaid M.Cr.C., the submission of the applicant's counsel appears to be correct.
Hence this petition is allowed and order dated 9.11.2021 passed by this Court in M.Cr.C.No.51051/2021 is modified upto the extent that the order passed by this Court in the aforesaid M.Cr.C. be treated as passed "under Section 438 of Cr.P.C". in place of "Section 439 of Cr.P.C". and it is directed that in the event of arrest of the applicant-Kamlesh, he shall be enlarged on anticipatory bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.
This order shall be treated as a part of order dated 9.11.2021 passed by this Court in M.Cr.C.No.51051/2021.
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