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“The accused 6 to 8 have been denied the same relief as accorded to accused 9 on account of factual error,” the application said.For the remaining five accused, the applications had been filed in 2018 and was pending in the Pune Sessions Court before it was transferred to the NIA Court, Mumbai.Advocate Sudeep Pasbola appearing for the accused, however, stated on Thursday that in light of Section 362 of the Code of Criminal Procedure which restricted the Court from altering or reviewing its judgment after it is signed “except to correct a clerical or arithmetical error”, the present application for “speaking to minutes” would not lie, as per a Bar & Bench report.He proposed to the Court to pass an order disposing of the precipe and then the accused will move the Court with a plea seeking a review of the order.”What we have sought for cannot be granted through speaking to the minutes. There is a judgment which says that review is permissible,” Pasbola submitted seeking liberty from the Court to file review.Additional Solicitor General Anil Singh stated that while the application could be withdrawn, “they could always file review, even though it is not maintainable”.
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Bombay HC turns down plea by 8 accused seeking rectification of order refusing default bail
