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Bombay High Court

SANTOSH RAMDAS BARBADE AND ORSversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

The court may correct a clerical error in its own order upon a proper praecipe.

Summary

The applicants filed a bail application and subsequently submitted a praecipe on 29 September 2026 seeking correction of a clerical error in the order dated 23 September 2026, where the name ‘Santosh Ramdas Mule’ was incorrectly recorded. The court examined the praecipe and the request to amend clause (i) of paragraph 12 on page 13 to replace the erroneous name with ‘Santosh Ramdas Barbade’. Relying on its inherent power to correct clerical mistakes, the court ordered that the correction be made in the original order and that the corrected order be uploaded. The court then disposed of the praecipe. No substantive legal issues beyond the correction of the record were raised, and the application was concluded without further hearing.

Issues considered

  • Whether a clerical error in a judicial order can be corrected by a praecipe under the court's inherent powers

Subjects

  • bail
  • clerical error
  • order correction
  • criminal appellate jurisdiction
  • praecipe

Judgment

                                                                                             P1.BA.53.2026.doc

        Ajay

                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION

                                                  BAIL APPLICATION NO. 53 OF 2026

                                 Santosh Ramdas Barbade and Ors.                      .. Applicants
                                       Versus
                                 State of Maharashtra and Anr.                        .. Respondents
                                                           ....................
                                  Mr. Sunil Lokhande, Advocate for Applicants.
                                                              ......…........…

                                                                  CORAM          : MILIND N. JADHAV, J.
                                                                  DATE           : SEPTEMBER 29, 2026.

                                 P.C.:

                                 1.       Not on Board. Mentioned by way of filing praecipe dated

                                 29.09.2026. Perused the praecipe.

                                 2.       Heard Mr. Lokhande, learned Advocate for Applicants.

                                 3.       Perused the praecipe which is filed for speaking to the

                                 minutes of order dated 23.09.2026. In the said order, following

                                 correction is to be made:-

                                          “On page No.13, clause (i) of paragraph No.12, the name of
                                          Applicant ‘Santosh Ramdas Mule’ be replaced with the name
                                          ‘Santosh Ramdas Barbade’.


                                 4.       Necessary correction be carried out in the original order

                                 dated 23.09.2026 and corrected order be uploaded.

                                 5.       Praecipe is disposed.

                                                                             [ MILIND N. JADHAV, J. ]

        Ajay
              Digitally signed
              by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.09.29
              15:24:20 +0530
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