Sayed Maqsood Ahmed 16 September 2021

bail order under section 307 of crpc

Last,week. my accused was granted a regular bail by the high court u/s 307.of Crpc after 8 months delay.

While dictating the bail order to his Stenographer the justice unintentionally or through oversight committed certain minor errorr in the bail order.

The accused is out of prison now. but he is worried if the complainant might find and his advocate might find out the error in the bail order n would file interim appeal against it.

is there any chance of reversing the bail order and until when
kindly advice soon

thanks in advance

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Quick Summary

A recent high court bail order under Section 307 of the CrPC, granted after an 8-month delay, contained minor errors. The accused, now released, fears the complainant might exploit these errors to appeal and reverse the bail. However, legal advice suggests that bail, once granted, is unlikely to be cancelled on mere technicalities. Clerical errors can typically be corrected via an application, and minor oversights in the order generally do not invalidate it.

6 Replies

P. Venu (Advocate) 17 September 2021

Your advocate can request for correction of errors and omissions. Anyhow bail, once granted, cannot be cancelled on mere technicalities.

Dr. J C Vashista (Advocate ) 18 September 2021

Section 307 Cr PC is for "Power to direct tender of pardon" but not for grant of bail. What do you mean to say, "after 8 months of delay" ? Show the order granting bail to some local prudent lawyer if it is not a time pass topic.

Sayed Maqsood Ahmed 18 September 2021

there's a minor correction. This application is under section 439 of the IPC for offence Committed under section 307 of the crpc

Dr. J C Vashista (Advocate ) 20 September 2021

Dear Mr. Sayed Maqsood Ahmed, The offence committed should be under section 307 of the Indian Penal Code, 1860 and not under the provision of section 307 of the Code of Criminal Procedure, 1973, please recheck. Bail is stated to have already been granted, any typographical or other error do not affect the order. Nothing to worry or go to court for seeking modification/ amendment in orders on bail application under section 439 of the Cr PC. Thanks and Regards