Supreme Court Restores Anticipatory Bail to Rambali Sahni, Sets Aside High Court's Recall Order Apex Court Rules High Court's Revocation of Bail Impermissible Under Section 362 of the CrPC
In a significant ruling, the Supreme Court of India has reinstated the anticipatory bail granted to Rambali Sahni, which was previously recalled by the Patna High Court. The apex court, comprising Justices Aravind Kumar and Prasanna B. Varale, determined that the High Court's action of revoking the bail was legally impermissible under Section 362 of the Criminal Procedure Code, 1973.
The case arose from an FIR registered in October 2024, where Sahni was implicated based on the statement of a co-accused, Dhawan Kumar. Kumar was apprehended with 6.330 kg of Ganja and alleged that his father had instructed him to deliver the contraband to Sahni. Initially, the High Court had granted anticipatory bail to Sahni on August 27, 2025. However, the order was subsequently recalled due to an alleged clerical error in the recording of the bail order's outcome.
The High Court claimed that a Court Master had mistakenly recorded the bail petition as "allowed" instead of "rejected," attributing the error to personal distress caused by the employee's family bereavement. Accepting the Court Master's apology, the High Court reversed its original decision.
The Supreme Court, upon reviewing the case, emphasized the sanctity of Section 362 of the CrPC, which prohibits any alteration or review of a signed judgment or order, except to correct a clerical or arithmetical error. The bench held that the High Court's recall of the bail order, absent any clerical or arithmetical mistake, was unjustified and not permissible under the law.
Addressing the merits of the case, the Supreme Court noted that Sahni's involvement was based solely on the statement of a co-accused, which required further examination during trial. Consequently, the court ruled that Sahni was entitled to anticipatory bail, subject to conditions imposed by the jurisdictional Investigating Officer.
In conclusion, the Supreme Court allowed the appeal, set aside the High Court's recall order, and restored the original bail order dated August 27, 2025. The decision underscores the judiciary's commitment to upholding procedural integrity and safeguarding individual liberties.
Statutory provision(s): Section 362 of the Criminal Procedure Code, 1973
Rambali Sahni v. State of Bihar, (SC) : Law Finder Doc id # 2839606
