MP HC recalls incorrect order wherein accused was accidentally granted bail

Madhya Pradesh High Court: In a bail application filed by an accused for the offences punishable under Sections 103(1), 296, 115(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023the Single Judge Bench of Rajesh Kumar Gupta, J., recalled the last order wherein due to a typographical error, the bail application of the accused was allowed whereas that of the co-accused was denied.

Background

The prosecution’s story was that on the day of the incident, the complainant was at home, and his brother was sitting in the general store. When the complainant heard some persons using filthy language about his brother, he came outside and saw the accused and two co-accused holding sticks and stones while abusing his brother. Thereafter, the accused persons beat up the complainant’s brother, who sustained grievous injuries and died.

Accordingly, an FIR was filed against the accused persons, and they filed bail applications.

In the previous order dated 07-08-2025, the Court granted bail to the accused and denied the application of the co-accused.

Analysis

Thereafter, the Court was informed that the bail applications for the accused herein and the co-accused were listed together. Vide the last order, the application of the co-accused had to be allowed while that of the accused herein had to be dismissed; however, the opposite had been done due to a typographical error.

Upon perusal of the record, the Court agreed that the error indeed occurred. Accordingly, the court recalled the order passed in both the bail applications.

The case was listed for 11-08-2025.

[Halke Aadiwashi v. State of Madhya Pradesh, MCRC No. 28977 of 2025, decided on 08-08-2025]

Advocates who appeared in this case :

For the applicant: Amin khan

For the respondent: Public Prosecutor Saket Udeniya