High Court of Gujarat

KANUBHAI NATHABHAI BHRAMBHATTversusSTATE OF GUJARAT

Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: HASMUKH D SUTHAR

Holding

The recall application is disposed of as the earlier direction regarding payment remains operative.

Summary

The accused filed a recall application seeking to convert it into a clarification, contending that he had deposited the full compensation amount of Rs.2,75,000 before the trial court, contrary to an earlier direction that only 50% was required. He requested that the trial court release the deposited amount, together with any interest, to the complainant after verification. The High Court noted that in its earlier order dated 23.03.2026, it had already directed that the amount deposited by the accused be paid to the complainant after due verification. Since that direction remained in force, the Court found no need to entertain the recall application further. Consequently, the application was disposed of without any additional order.

Issues considered

Whether the recall application seeking clarification should be entertained in view of the earlier order directing payment of the deposited compensation?

Subjects

recall applicationcriminal revisioncompensationclarificationorder disposal

Judgment

       R/CR.MA/9257/2026                                                               ORDER DATED: 28/04/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION (RECALL) NO. 9257 of 2026

              In R/CRIMINAL REVISION APPLICATION/265/2017

==============================================
               KANUBHAI NATHABHAI BHRAMBHATT
                               Versus
                   STATE OF GUJARAT & ANR.
==============================================
Appearance:
SHRIKAR H BHATT(2573) for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
==============================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                            Date : 28/04/2026

                                                        ORDER

           The applicant has filed the present recall application but seeking

permission to convert the same into clarification. The applicant has filed

the present application on the ground that while deciding the order dated

23.03.2026 passed in Criminal Revision Application No.265 of 2017, this

Court has taken note of the fact that the applicant – accused has

deposited 100% amount instead of 50% amount before the learned trial

Court i.e. Rs.2,75,000/- as conviction is maintained by this Court and

amount of compensation of Rs.2,75,000/- is already deposited before the

learned trial Court, the learned trial Court is directed that whatever

amount is deposited by the applicant – accused before the learned trial

Court along with interest, if any accrued thereon, be paid to the

complainant after due verification.

           With       the      aforesaid         direction         the      present         application          stands

disposed of.




                                                                              (HASMUKH D. SUTHAR,J)
ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 28/04/2026 17:00:18



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