28/09/2026
*Bail Recalling Order*
(Specimen)
*Order*
Date: __________
The accused persons were granted post-arrest bail by this Court vide order dated ________. Subsequently, while scrutinizing the record, it transpired that the offences under Sections 371-A and 371-B PPC stand included in the schedule of offences under the applicable Gender-Based Violence law, rendering the same exclusively triable by the Court of Session.
After issuance of notice, the accused persons and the learned Assistant Public Prosecutor have been heard. The record has also been carefully examined.
A court can exercise only such jurisdiction as is conferred upon it by law. Where a court inherently lacks jurisdiction over a matter, any order passed by it is a nullity in the eyes of law and does not create any vested right in favour of any party. Such an order can always be recalled by the court which passed it, as the principle actus curiae neminem gravabit mandates that no person should suffer or derive benefit on account of an act of the court passed without jurisdiction.
Since this Court had no lawful jurisdiction to entertain or decide the post-arrest bail application in the present case, the order dated ________ granting post-arrest bail is held to have been passed without jurisdiction and is, therefore, hereby recalled.
The accused persons are directed to surrender before the competent Court of Session within three (03) days from today and seek appropriate relief in accordance with law.
In case of failure to surrender within the stipulated period, the SHO concerned shall take the accused persons into custody and produce them before the competent Court.
The office shall transmit the record to the competent Court forthwith, if not already transmitted.
AnnouncedÛ”
Judicial Magistrate Section-30
