High Court Cannot Grant Anticipatory Bail By Recalling Initial Order Of Dismissal : Supreme Court

The Supreme Court set aside the Punjab & Haryana High Court's unusual order, whereby an anticipatory bail plea  , which was initially rejected, was subsequently recalled and anticipatory bail was granted.

Before a bench of Justice Ahsanuddin Amanullah and Justice SVN Bhatti, the complainant argued that once a detailed order dismissing the prayer for anticipatory bail had been passed, the proceedings stood finally concluded and could not have been revived by way of recall, much less restoration.

Finding substance to the petitioner's submission, the Court observed:

“The learned Single Judge, after having passed an order dismissing the prayer for anticipatory bail, could not have revived the proceedings, much less by way of restoration. The Court could not have then proceeded to reverse its earlier order by allowing the prayer for anticipatory bail which was initially rejected.”

“Accordingly, the order impugned dated 07.02.2025 stands set aside. The initial order dated 17.01.2025, dismissing the application and prayer for anticipatory bail, stands revived.”, the court added.

Background

The accused–Respondent No.1 had applied for anticipatory bail before the High Court in connection with offences under Sections 406, 420, and 120-B IPC. Although the plea was initially dismissed, the High Court later recalled its earlier order and granted bail, observing that the investigating authorities had not summoned the accused for interrogation and granting him another opportunity to join the investigation.

Cause Title: GURVINDER SINGH VERSUS JASBIR SINGH @ JASVIR SINGH & ANR.

Citation : 2025 LiveLaw (SC) 924

Click here to read/download the order

Appearance:

For Petitioner(s) Mr. Anil Kumar, AOR Mr. Kunal Jindia, Adv. Ms. Gauri Swarup Bansal, Adv.

For Respondent(s) Mr. Ajay Kumar Talesara, AOR Mr. Jamshed Bey, Adv. Mr. Tejasvi Kumar, Adv. Mr. Syed Sarfaraz Karim, Adv. Mr. Ekansh Bansal, Adv. Mrs. Renu Bhandari, Adv. Mr. Mudit Talesara, Adv. Mr. Samarth Talesara, Adv. Mr. Karan Sharma, AOR Mr. Mohit Siwach, Adv. Mr. Chetan Manchanda, Adv.