Supreme Court Restores Bail Recalled Due to Typographical Error by High Court Staff

The Court held that the Patna High Court acted impermissibly in recalling the anticipatory bail granted to the accused due to a typographical error by its court staff.

It observed that once a judicial order is signed, Section 362 of the CrPC bars its recall or review except for clerical or arithmetical mistakes.

The Court observed that the use of the word “allowed” instead of “rejected” did not constitute a clerical error warranting recall. It further observed that reversing a bail order in this manner was unsustainable in law.

Accordingly, the Court set aside the recall order and restored the anticipatory bail.

[Rambali Sahni v. State of Bihar]