The Court accepted an application to rectify a clerical error in a bail order by correcting the referenced FIR number from 270/2021 to 278/2021, holding that Section 362 CrPC was not attracted as the error did not affect the merits of the order.
Ordered that the words 'FIR No.278/2021' shall be read instead of 'FIR No.270/2021' in the order dated 12.11.2021.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Criminal Misc. Application No.358/2021
IN
S.B. Criminal Miscellaneous Bail Application No. 14956/2021
Narain & Ors.
----Petitioners
Versus
State of Rajasthan
| ----Respondent | |||
|---|---|---|---|
| For Petitioner(s) | : Mr. |
B. RayBishnoi | |
| For Respondent(s) | : Mr. |
Javed Gouri,PP |
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
16/11/2021
The counsel for the petitioner has filed this application with the prayer to make certain rectifications in the order dated 12.11.2021 passed in aforesaid Bail Application No.14956/2021.
It has been brought to notice of the Court that inadvertently, the particulars of FIR in the order mentioned aforesaid “FIR No.270/2021” have been wrongly mentioned, which ought to have been “FIR No.278/2021”.
The error aforesaid seems to be clerical and inadvertent, the rectification of the same does not affect merits of the order and as such, the bar of Section 362 CrPC is not attracted.
This application is therefore accepted and it is ordered that in the order dated 12.11.2021 passed in the aforesaid Bail Application No.14956/2021, instead of particulars of FIR
(2 of 2)
mentioned as “FIR No.270/2021” the words “FIR No.278/2021” shall be read.
This order be treated part & parcel of the order dated 12.11.2021 passed in S.B. Cr. Misc. Bail Application No.14956/2021. A copy of this order be placed in the file of Bail Application No.14956/2021.
(SUDESH BANSAL),J 32-AnilKC/-
2 issues framed by the court
Whether Section 362 CrPC bars rectification of clerical error in the FIR number mentioned in a bail order.
Whether the error in the FIR number is a clerical mistake affecting the merits of the bail order.
1 provisions across 1 enactments
Narain & Ors.
State of Rajasthan
Sudes Bansal
As recorded by the court registry
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