Typographical error swaps bail verdicts for father and son, HC recalls order

In an unusual instance of procedural confusion, the Madhya Pradesh High Court was compelled to recall and correct a bail order after a typographical error led to an inadvertent interchange of judicial findings concerning two co-accused, a father and son, facing trial for the alleged lynching of a shopkeeper.

The matter arose from an order passed by the Gwalior Bench in separate bail applications filed by Halke and his son Ashok, both charged under provisions of the Indian Penal Code for murder in connection with the death of shopkeeper Prakash Pal in July 2024. While the Court had intended to grant bail to Ashok and reject Halke’s plea, the uploaded order on the Court’s website reflected the reverse, showing Halke as having been enlarged on bail and Ashok as having been denied relief.

The clerical oversight set in motion an unintended procedural step. Halke’s counsel, acting on the basis of the order as uploaded, submitted the bail bond and secured an order for his client’s release from the jail authorities. The error was detected shortly thereafter, prompting the Court’s registry to alert counsel and initiate corrective measures.

By the evening of the next day, Justice Rajesh Kumar Gupta recalled the erroneously recorded order and, in a subsequent hearing, clarified that the discrepancy had resulted from a typographical error. The Court then issued a fresh order accurately reflecting its decision to grant bail to Ashok while directing that Halke remain in judicial custody.