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2015 DIGILAW 981 (ALL)

Sanjay Arora v. Superintendent, District Jail, Ghaziabad

2015-04-24

A.P.SAHI, VIJAY LAKSHMI

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JUDGMENT Heard Sri Daya Shanker Mishra, learned counsel for the petitioner, learned AGA and perused the cognizance order, which has now been filed along with the supplementary affidavit. We have also perused the report and the instructions received as per our order dated 7.4.2015. 2. Learned Magistrate has clearly indicated that the bail order of the High Court dated 27.2.2015 did not mention the substantive offences and therefore, the error, which was being pointed out, has been explained. We have perused the order dated 27.2.2015 as also the explanation given by the Magistrate dated 13.4.2015 as well as the cognizance order, which was placed by Mr. Mishra, dated 18.8.2014. A combined reading thereof clearly explains that the bail order dated 27.2.2015 did not mention "substantive offences under sections 420, 467, 468, 471 I.P.C. against the applicant Sanjay Arora". In the absence of these words contained in the bail application itself they did not find mention in the bail order passed by the learned Single Judge. In our opinion no fault can be found with the Magistrate in passing the order. 3. Consequently, the Habeas Corpus Writ Petition is dismissed with the liberty to the petitioner to file correction/ amendment application in the bail application itself.