RAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition arose on unusual facts and circumstances that one Rajendra Singh S/o Mithu Singh filed a bail application under Sec. 439 Cr.RC. being S.B. Criminal Misc. Bail Application No. 3056 of 2005 seeking bail for the offenses under Secs. 376, 313, 342, 420 and 323 I.RC. The bail application came to be allowed by this Court vide order dated 7.9.2005 and the petitioner therein was directed to be released on bail in F.I.R. No. 266 of 2005. Police Station, Sangaria on filing the bail bonds as mentioned in the order.

(2.) At the time of filing of the bail application, in the cause title, it was mentioned that accused-petitioner Rajendra Singh was presently lodged at Sub Jail, Sangaria. However, after making the order and signing thereon, when the file went to Registry, it appears the counsel for the petitioner Mr. D.L. Rawla noticed that the name of Sub Jail, Sangaria has wrongly been mentioned in the application and in fact the petitioner therein was lodged at the District Jail, Hanumangarh. Mr. V.R. Bishnoi, a junior Advocate practicing with Mr. D.L. Rawla, counsel for the petitioner, scored out the word "Sangaria" in the Court's file and interpolated by the word "Bikaner". This fact was noticed by the concerning Clerk in the Office that Mr. Rawla, after having obtained the certified copy of the bail order dated 7.9.2005, filled copying application No. 140114 on the same day interpolated the bail application by substituting the word Bikaner in place of Sangaria.

(3.) Mr. D.L. Rawla and his associate Advocate Mr. V.R. Bishnoi tendered in writing unconditional apology and regretted for their act. It appears that neither the accused-petitioner was lodged at Sub-Jail, Sangaria, nor at the Sub-Jail, Bikaner, but as per the averments made in the application tendering unconditional apology, the accused-petitioner was lodged at the District Jail in Hanumangarh.