1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1637 OF 2011 IN CRIMINAL APPEAL NO. 190 OF 2011 Devidas Bhaurao Wadekar and anr. Applicants/appellants (original accused Nos. 1 & 13) versus The State of Maharashtra Respondent. ----- Shri C.K. Shinde, Advocate, for the applicants-appellants Shri V.G. Shelke, A.P.P. for respondent-State. ------ Coram : Shrihari P. Davare, J. Date : 4th May 2011. P. C. 01. Heard learned counsel for the parties. 02. Learned counsel for the parties made submission that by the aforesaid application, the applicants (orig. accused Nos. 1 and 13) had prayed for bail, and by order dated 21.4.2011 bail was granted by this court, pending hearing and final disposal of above Criminal Appeal No. 190 of 2011, suspending the sentences inflicted upon them by impugned judgment and order dated 25.3.2011, rendered by learned Additional Sessions Judge-5, Aurangabad, in Sessions Case No. 131 of 2008, 03. However, learned counsel for the parties, invited my attention to paragraph No. 3 of the order dated 21.4.2011 passed in said criminal 2 application, and pointed out that it has been wrongly typed in said para 3 that each of the accused has been convicted for the offence punishable under Section 498-A r/w Section 34 of the Indian Penal Code and sentenced to suffer R.I. for 3 years and to pay fine of Rs.500/= each, in default of payment of fine further to suffer R.I. for six months each; and also convicted for the offence punishable under Section 306 of the Indian Penal Code and sentenced of them to suffer R.I. for 3 years and to pay fine of Rs.500/= each, in default of payment of fine further to suffer R.I. for six months each; and also convicted for the offence punishable under Section 324 r/w Section 34 of the Indian Penal Code and sentenced to suffer R.I. for 1 year and to pay fine of Rs.300/= each, in default of payment of fine further to suffer R.I. for one month each; and also convicted them for the offence punishable under Section 504 r/w Section 34 of the Indian Penal Code and sentenced to suffer R.I. for 6 months and to pay fine of Rs.200/- each, in default of payment of fine further to suffer S.I. for 15 days each, inadvertently, in stead of correctly recording their convictions and sentences for offences under Sections 143, 147, 148, 324, read with Section 149 of IPC, and Section 427 r/w section 149 of IPC, so also for offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Attrocities) Act read with Section 149 of IPC. 3 04. In view of aforesaid position, existing para. 3 of the order dated 21.4.2011 in Criminal Application No. 1367 of 2011, stands substituted by following, as para 3. "3. This is an application preferred by the applicants/appellant Nos. 1 and 2 (original accused Nos. 1 and 13), challenging the judgment and order dated 25.3.2011, rendered by the learned Additional Sessions Judge-5, Aurangabad, in Sessions Case No. 138 of 2008, thereby convicting them for the offence punishable under Section 143 of IPC and sentencing them to suffer R.I. for three months and to pay fine of Rs.200/-, in default, to suffer S.I. for 8 days, and also convicting them for the offence punishable under Section 147 of IPC of IPC and sentencing them to suffer R.I. for one year and pay fine of Rs.300/-, in default, to suffer S.I. for one month, and also convicting them for offence under Section 148 of IPC and sentencing them to suffer R.I. for one year and to pay fine of Rs.300/=, in default, to suffer S.I. for one month, as well as convicting them for offence punishable under Section 324 read with Section 149 of IPC, and sentencing them to suffer R.I. for one year and to pay fine of Rs.500/-, with default condition that on non payment of fine, to suffer further S.I. for two months, as well as convicting them for offence punishable under Section 4 427 read with Section 149 of IPC and sentencing them to suffer R.I. for one year and to pay fine of Rs.500/=, and on non payment of fine, to suffer further S.I. for two months, as well as convicting them for offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Attrocities) Act, read with Section 149 of IPC, and sentencing them to suffer R.I. for one year and to pay fine of Rs.1000/=, in default, to suffer S.I. for two months, and also directing that all the aforesaid sentences to run concurrently." 05. Office to substitute aforesaid paragraph in place of original paragraph 3 in the order dated 21.4.2011 in said Criminal Application No.1637 of 2011, as aforesaid forthwith and to send the corrected writ to the concerned court, immediately. The order dated 21.4.2011 stands corrected/modified, accordingly. pnd/criap-1637.11 (Shrihari P. Davare, J.)