1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4636 OF 2010 IN CRIMINAL APPLICATION NO.4001 OF 2010 Japaram Aslaji Parmar Age 57 years, Occu.Business, R/o Joliggani (Bithuda), Taluka Shivgaonj Dist.Shirohi (Rajasthan), Now R/o Jagtap Building, ..Applicant Versus The State of Maharashtra ..Respondent Mr V.D.Salunke, Advocate for applicant Mr K.S.Patil, Assistant Public Prosecutor for respondent-State CORAM : P.V. HARDAS, J. DATE : 18th November 2010 PER COURT : 1. It appears that the present applicant, who is accused in Crime No. 60/2010, registered by the Tuljapur Police Station had filed Criminal Application No.4001 of 2010 in this Court praying for his release on bail. It appears that it was revealed in the application that the applicant is charged for offence punishable under Sections 394, 328, 323 read with section 34 of the Indian Penal Code. When this application had been placed for hearing, this Court had perused the investigation papers and by order dated 27.10.2010 had allowed the application and had directed the release of the applicant on bail on the applicant executing a P.R. bond in the sum of Rs.15,000/- with one surety in the like amount to the satisfaction of the trial Court. 2 2. This Court found that a report had been lodged by the complainant indicating that certain unknown persons had committed robbery in his shop and during the course of investigation nothing had been recovered from the present applicant which would establish any nexus of the applicant with the commission of the offence. In that light of the matter, therefore, this application came to be allowed. The applicant has now filed an application, viz. Misc.Criminal Application No.4636 of 2010 praying therein that the order passed by this Court dated 27.10.2010 may be clarified as inadvertently the applicant had not mentioned in the application that the applicant was also charged for an offence punishable under Section 302 of the Indian Penal Code. The said application, therefore, in the interest of justice, is allowed. However, since Section 302 of the Indian Penal Code is also alleged against the applicant, according to me in the fitness of things it would be appropriate to recall the earlier order dated 27.10.2010 and hear the application afresh. Accordingly, Criminal Application No.4636 of 2010 is allowed and the order dated 27.10.2010 is recalled. Applicant to carry out necessary correction in the original application No.4001 of 2010 forthwith. ( P.V. HARDAS, J.) (vvr/4636.10criappln)