ALTAF GAFARBHAI BANVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Monali Bhatt, learned Additional Public Prosecutor, waives service of notice of rule on behalf of the respondent.

(2.) By way of this application, the applicant has prayed for modification of the order dated 21.11.2019 passed in Criminal Revision Application No.1477 of 2019; or in the alternative, to pass a fresh order granting regular bail to the applicant.

(3.) Learned advocate Mr. Patel submitted that in Criminal Revision Application No.1477 of 2019, he had appeared on behalf of the applicant and that on account of some bona fide error, he could not state the correct facts with regard to the applicant as he was under the impression that the applicant had surrendered before the jail authority and since 15.11.2019, he was in judicial custody and this court, while relying upon the statement of the learned advocate, had passed the order suspending the sentence passed by the Courts below. Pursuant to the order of this Court, the applicant was to be released on bail.