Correction of cause title in bail proceedings directed to reflect a petition under Section 439 of the Code of Criminal Procedure.

An incorrect cause title in an earlier order was corrected where the proceeding had been described as an anticipatory bail petition under Section 438 of the Code of Criminal Procedure, 1973 instead of a bail petition under Section 439. The Court directed substitution of the cause title so that the order accurately reflected the petition, and the Registry was asked to carry out the correction and issue a fresh copy.

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Issues: Whether the cause title in the earlier order dismissing the bail petition required correction from an anticipatory bail petition under Section 438 to a bail petition under Section 439 of the Code of Criminal Procedure, 1973.

Analysis: The earlier order was noticed to contain an incorrect description of the proceeding in the cause title. On the submission made for correction, the Court directed substitution of the cause title so that it accurately reflected the petition as one for bail under Section 439 of the Code of Criminal Procedure, 1973. Registry was directed to carry out the correction in the order dated 16.12.2022 and issue a fresh copy.

Conclusion: The correction was allowed and the cause title was ordered to be amended to reflect a bail petition under Section 439 of the Code of Criminal Procedure, 1973.

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