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Bombay High Court

KRISHNA KISHORE MAHESHWARIversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The High Court may correct a clerical error in its own order without affecting the substantive relief granted.

Summary

The petitioner filed a criminal writ petition seeking correction of a clerical error in the bail order dated 4th March 2026, where the name of Respondent No.3 was incorrectly recorded as ‘Mr. Hatumal M. Sharma’ instead of ‘Mr. Nathumal M. Sharma’. The issue before the Court was whether it could amend its own order to rectify such a mistake. The Court examined the petition and found that the error was purely typographical and did not affect the substantive rights of the parties. Accordingly, the Court ordered that the name be corrected in the minutes of the order. The precipe was then disposed of after the correction was made.

Issues considered

  • Whether the High Court can correct a clerical error in its own bail order

Subjects

  • bail
  • clerical error
  • correction of order
  • criminal procedure

Judgment

                                                                                           501-P1-WP-546-2018.doc



                             N.S.Kamble


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL WRIT PETITION NO.546 OF 2018


                             Krishna Kishor Maheshwari                                  … Petitioner
                                   Versus
                             The State of Maharashtra & Anr.                            … Respondent/s
                             ____________________________________________________________
          Digitally signed
          by NILAM
NILAM
SANTOSH
          SANTOSH
          KAMBLE             Mr.Faisal Ali Sayyed i/b Mr.Manilal Kher Ambalal & Co., for the Petitioner.
KAMBLE    Date:
          2026.03.11
          15:12:40 +0530
                             Mr.S.M. Mangaonkar, APP for Respondent-State.
                             ____________________________________________________________
                                                                CORAM : SHIVKUMAR DIGE, J.
                                                                DATE           : 10th MARCH 2026

                             P.C. :

                             .            Not on board. Taken on board.

                             2.           This preceipe is moved for speaking to the minutes of order

                             dated 4th March 2026, this Court has granted bail to the Applicant. In the

                             appearance part of the order and in Paragraph No.2 name of the

                             Respondent No.3 ‘Mr.Hatumal M. Sharma’ is wrongly mentioned, it should

                             be ‘ Mr.Nathumal M. Sharma’.

                             3.           Correction be made accordingly.

                             4.           Preacipe is disposed of.

                                                                               (SHIVKUMAR DIGE, J.)



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