High Court of Gujarat
PATEL MANISH RASIKBHAIversusSTATE OF GUJARAT
- Decided
- Disposal
- 33-CA DISPOSED OF
- Bench
- P M RAVAL
Holding
The High Court recalled the order dated 05.01.2026 granting suspension of sentence and bail.
Summary
Manish Rasikbhai Patel filed a criminal miscellaneous application seeking recall of an order dated 05.01.2026 that had suspended his sentence and granted bail in a revision proceeding under Section 138 of the Negotiable Instruments Act. The applicant had earlier filed two separate revision applications (Nos. 1620/2024 and 1621/2024) arising from distinct convictions. In the second revision, the applicant had already served the sentence, but due to an inadvertent mistake, his counsel prayed for suspension of the sentence. The court examined the claim of oversight and the lack of prejudice to the parties, and, despite the general principle that a criminal court cannot recall its own order, it exercised its equitable jurisdiction to recall the order. The order dated 05.01.2026 was therefore set aside, and the applicant was directed to produce a certificate of the sentence served at the next hearing.
Issues considered
- The court's power to recall its own order in criminal matters.
- Whether an inadvertent mistake by counsel justifies recall of an order granting suspension of sentence and bail.
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- recall of order
- criminal revision
- suspension of sentence
- Negotiable Instruments Act
- Section 138
- procedural error
- court's inherent powers
Judgment
R/CR.MA/625/2026 ORDER DATED: 09/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (RECALL) NO. 625 of 2026
In R/CRIMINAL REVISION APPLICATION/1621/2024
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PATEL MANISH RASIKBHAI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR ADITYA T PANCHOLI(13067) for the Applicant(s) No. 1
RAFIK LOKHANDWALA(5590) for the Applicant(s) No. 1
ROHAN SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 09/01/2026
ORAL ORDER
1. Learned Advocate for the applicant submits that the
present application has been preferred for recall of the order
dated 05.01.2026 passed by this Court in Criminal Misc.
Application No. 1/2025 in Criminal Revision Application No.
1621/2024, mainly on the ground that the applicant had filed
two Criminal Revision Applications, being Criminal Revision
Application Nos. 1620/2024 and 1621/2024, both arising out
of separate convictions under Section 138 of the Negotiable
Instruments Act, 1881. Learned Advocate further submits that
in Criminal Revision Application No. 1621/2024, the applicant
had already undergone the sentence during the pendency of
the revision application and, due to inadvertence, a prayer for
suspension of sentence was made. Therefore, the applicant
seeks recall of the order suspending the sentence and
enlarging the applicant on bail passed by this Court on
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R/CR.MA/625/2026 ORDER DATED: 09/01/2026
05.01.2026.
2. Considering the averments made in the application and
the oversight and inadvertent mistake on the part of the
learned advocate, the said order is recalled.
3. After dictation of the order, learned Advocate submits
that on the next date of hearing, he shall submit the certificate
of sentence undergone in the present case and place the same
on record.
4. Accordingly, the order dated 05.01.2026 passed by this
Court in Criminal Misc. Application No. 1/2025 in Criminal
Revision Application No. 1621/2024 stands recalled.
5. It is clarified that though this Court does not ordinarily
have the power to recall its own order in criminal jurisdiction,
considering the peculiar facts and circumstances of the case,
and particularly the mistake on the part of the applicant, no
prejudice would be caused. Under such circumstances, the
present order of recall is passed.
(P. M. RAVAL, J)
MMP
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 09/01/2026
14:03:43
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