Madhya Pradesh High Court recalls order after typo grants bail to murder accused instead of rejecting it

The Madhya Pradesh High Court recently recalled an order passed on a bail plea after discovering that a typographical error had inadvertently led to the bail application of a murder accused being allowed instead of being rejected [Halke Aadiwashi v State].

On August 8, the counsel for a co-accused in the same case informed the Court that a typographical error had swapped the outcomes of two bail applications - allowing one that should have been dismissed and rejecting the one that should have been allowed.

He told the Court that his client was supposed to be allowed bail, but it was rejected. A connected bail plea was supposed to be dismissed, but was allowed instead.

A Bench of Justice Rajesh Kumar Gupta, therefore, recalled the earlier orders.

"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," the August 8 order said.

The matter was then listed today (August 11).

The case concerned a July 5, 2024, incident when three men were accused of assaulting a man, leading to his death.

Two of the accused, Halke and Dharmendra, were alleged to have beaten up the deceased man with a stick. A third accused, Ashok, allegedly threw a stone which hit the deceased man's chest.

Halke and Ashok eventually filed petitions seeking bail, both of which were listed together by the Court.

On August 7, the Court passed an order granting Halke bail.

"Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed," the now-recalled order said.

In a separate order passed on Ashok's bail plea, which recounted the same facts, the Court said that it was dismissing the bail application.

"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 to the applicant at this stage," the recalled order in Ashok's case said.

The next day, on August 8, Ashok's counsel informed the Court that the bail outcomes in these cases appears to have been inadvertently switched. The judge, therefore, recalled its earlier orders and posted the matter today.

[Read Recall Order]