Supreme Court: It is impermissible to recall the judgment or order once it is signed except to correct clerical or arithmetical error.

 The High Court also noted in

the impugned order that the Personal Assistant

when visited with a show-cause notice had tendered

unqualified apology and had stated that it was an

inadvertent error which was on account of said

employee being in deep grief due to the sudden

demise of his maternal uncle and as such accepting

the said unconditional apology tendered by the

Court Master, the order of granting the bail came

to be reversed or recalled.

6. At this juncture, we deem it apposite to note

Section 362 of the Criminal Procedure Code, 1973

which clearly mandates that once the judgment or

order is signed, no alternation or review of the

same is permissible except to correct a clerical

or arithmetical error. In the instant case, there

being no clerical or arithmetical error which had

crept in, yet the High Court recalled the earlier

order granted bail by impugned order and it was

not justified in undertaking to recall the order

dated 27.08.2025 by the impugned order 30.08.2025.

In other words, the order granting bail has been

reversed or recalled by the impugned order which

is impermissible in law and as same would not be

sustainable even for a moment. Hence, same is set

aside.

Ratio: The Supreme Court set aside the Patna High Court's order recalling its earlier order, which had granted bail to the accused, noting that it is impermissible to recall the judgment or order once it is signed except to correct clerical or arithmetical error.

 IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.105 OF 2026

RAMBALI SAHNI  Vs  STATE OF BIHAR 

Dated: JANUARY 07, 2026.

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What is the effect of SC recalling its Judgment in Review Petition?

When the Supreme Court recalls its judgment in a review petition, it has significant implications for the legal system. This action essentially renders the recalled judgment as "Non est," meaning it no longer exists unless specific provisions are made in the recall order to preserve certain aspects of it. Here's a breakdown of the effects of such a recall:

Once a judgment is recalled, any legal principles or ratios established by it lose their binding authority. This means that courts and parties can no longer rely on or cite these principles as legal precedents in future cases. The recalled judgment is effectively invalidated, and its influence on subsequent legal decisions is nullified.

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