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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S. G. Mehare, J.
Kisan Sahebrao Hiwale - Appellant
Versus
State Of Maharashtra - Respondent
Criminal Application No. 2696 of 2021 In Bail Application No. 827 of 2021
Decided On : 09-11-2021
Correction of Name - Bail Application - The court allowed the correction of the middle name of the applicant's father from 'Sahebrao' to 'Raosaheb' due to a typographical mistake, enabling the acceptance of bail bonds.
Fact of the Case:
The applicant sought correction of his father's middle name in the bail application after it was mistakenly written as 'Sahebrao' instead of 'Raosaheb'. The trial court refused to accept the bail bonds due to this error.
Finding of the Court:
The court acknowledged the typographical mistake and allowed the correction of the father's name, enabling the acceptance of the bail bonds.
Issues: Correction of name in bail application
Ratio Decidendi: The court's decision was influenced by the fact that the mistake was typographical and did not change the identity of the applicant, thus allowing the correction to facilitate the acceptance of bail bonds.
Final Decision: The criminal application was allowed, and the middle name of the applicant's father was corrected from 'Sahebrao' to 'Raosaheb', permitting the applicant to correct the name wherever required.
JUDGMENT
S. G. Mehare, J. - The applicant approached this Court after grant of bail for correction of his middle name i.e. name of his father. It is not in dispute that the name of father of the applicant is Raosaheb. However, it was inadvertently written as Sahebrao. This mistake was there since beginning. However, the fact remains that the applicant is same person though the name of his father written wrongly. Due to the typographical mistake, in the name of his father, the learned trial Court refused to accept the bail bonds.
2. Learned APP has not disputed the aforesaid fact.
3. In the light of this situation, the criminal application is allowed. The middle name of applicant i.e. "Sahebrao" be corrected as "Raosaheb". The applicant is permitted to correct the name of his father wherever required and after correcting the name, fresh copy of order be issued.
4. After making necessary correction, corrected writ be issued accordingly.
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