Madhya Pradesh High Court Recalls Order Granting Bail To Murder Accused Due To Typographical Error

The Madhya Pradesh High Court recently recalled its order granting bail to a murder accused after discovering a typographical error that had resulted in the bail application being allowed instead of being dismissed. The case pertained to a crime registered under BNS Sections 103(1) (murder), 115(2)(Voluntarily causing hurt), 351(3)(Criminal intimidation) and 3(5) (common intention). According to the prosecution, on July 5, 2024 the complainant's brother Prakash Pal, was assaulted by Halke, Dharamendra and Ashok Adiwasi.Halke and Dharamendra had allegedly attacked with sticks (dandas), while Ashok allegedly threw a stone at the victim's chest. Prakash Pal sustained grievous injuries and was declared dead at the hospital.After hearing the arguments, the high court had in M.Cr.C.No.28977/2025, which was Halke's second bail application, ordered his release on a personal bond of Rs. 50,000 with two solvent sureties of like amount, subject to certain conditions.With respect to M.Cr.C.No 31180/2025 the third bail plea filed by Ashok Adiwasi, the high court had dismissed the same observing, "considering the totality of facts and circumstances of the case, the nature of allegations levelled against the present applicant, the gravity of the offence, without commenting upon the merits of the case, no case is made out for grant of bail".During the hearing on August 8, the counsel appearing for Ashok Adiwasi submitted that the bail plea had been allowed on August 7 but due to typographical error, it was shown to be dismissed. He further submitted that Halke's bail plea (M.Cr.C.No.28977/2025) was to be dismissed, but it has been allowed. Justice Rajesh Kumar Gupta in his order had said,"Perused the record. The submission of learned counsel for the petitioner appears to be correct. In view of the aforesaid, earlier order dated 07.08.2025 passed in both the M.Cr.C.Nos.31180/2025 and 28977/2025 are hereby recalled".After the recall, during the hearing of Halke's bail plea on August 11, his counsel sought to withdraw the bail plea. The court allowed the prayer and "dismissed the plea as withdrawn". Case Title: Halke Adiwasi v State of Madhya Pradesh (MCRC-28977-2025)Click here to read the Order

Madhya Pradesh High Court Recalls Order Granting Bail To Murder Accused Due To Typographical Error

Jayanti Pahwa

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