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Rajeev Gupta (Account Executive)     27 December 2019

Clerical mistake in bail order

Advocate prepare bail in ipc section 302, 504 and not mentioned section 34 in session court, bail reject in session court in 319 Crpc matter additional accused after evidence of witness After that go to High Court agaisnt session court order bail granted in 302, 504 IPC by high court. My question is any case law that If bail granted in same crime number and IPC section of FIR. This is treat as clerical mistake.


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     29 December 2019

If there is no mention about the particular section of IPC in bail order then it can be taken up with the same court for rectification of the order.

The power of the Court exercising criminal jurisdiction to do a change in a judgment is confined by dint of Section 362 Cr.P.C. to a clerical or arithmetical error occasioned by an accidental slip or omission by the Court. There are authorities which speak about recall of an order made by the Court in exercise of criminal jurisdiction, but those are generally confined to cases where an order prejudicial to a party has been passed without hearing that party or in default of his appearance.

Dr J C Vashista (Advocate)     29 December 2019

Same Court has power to rectifiy clerical error, no need to move in revision or appeal.

It is advisable to consult another local prudent lawyer for better appreciation of facts/ documents for professional guidance and proceeding.

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