New Delhi, September 5, 2025 — The Supreme Court of India granted anticipatory bail to Punjab government employee Gursewak Singh in a 2021 graft case and openly disapproved of the Punjab and Haryana High Court’s handling of his appeal. The apex court called the previous order “cryptic and unusual” and reaffirmed core principles of judicial fairness.
Supreme Court’s Strong Rebuke
A bench led by Justices JB Pardiwala and Sandeep Mehta found fault with the High Court’s strategy. Instead of deciding on the application, the High Court directed the Punjab DGP to explain why Singh was neither arrested nor chargesheeted in the last four years. The Supreme Court held that:
“Either the High Court should have allowed the application granting anticipatory bail or should have declined it on its own merits.”
“The fact that the petitioner was not arrested for four years by itself was a good ground for the High Court to exercise its discretion.”
The Bench noted that granting bail to a co-accused—allegedly the bribe recipient—while denying relief to Singh was inconsistent and unreasonable.
Case Background
- Who: Gursewak Singh, a Punjab patwari, sought anticipatory bail fearing arrest in an FIR dating back to 2021 under sections of the Prevention of Corruption Act and IPC (Section 120B).
- What the High Court did: Instead of focusing on the bail petition, it ordered inquiries into why no chargesheet was filed and why Singh hadn’t been arrested in four years.
- Supreme Court’s stance: Found this approach unjustified and said the mere delay in arrest should favor the grant of bail.
Judicial Clarity and Discretion
The High Court’s diversion into administrative queries undermined the judicial process. The Supreme Court emphasized that anticipatory bail should be decided swiftly based on merits, not by seeking peripheral explanations. The delay in action by the investigating agency was considered a favorable factor, rather than a hurdle.
Repeating:
“We do not approve the manner in which the High Court has dealt with the plea of anticipatory bail.”
Immediate Relief and Terms
Although the High Court’s decision was pending, the Supreme Court directed that if Gursewak Singh is arrested, he should be released on bail under the conditions set by the Investigating Officer from the Economic Offences Branch in Ludhiana.
Why It Matters
- Defense of judicial discipline: Lower courts are expected to rule on merit—this ruling reminds them not to derail matters with unrelated administrative queries.
- Delay as justification: Long delays in arrest or charge sheet filing can favor bail consideration, reinforcing personal liberty.
- Avoidance of double standards: Granting bail to a co-accused while stalling relief to another in similar circumstances represented inequity.
Other Recent Bail Rulings Snapshot
- The Supreme Court granted anticipatory bail to cartoonist Hemant Malviya, making his interim protection permanent after he faced backlash over posts on PM/ RSS.
- A Delhi court granted bail in a rape case, harshly criticizing cops for withholding FIR copies, hindering fair defense.
Quick Recap Table
| Aspect | Detail |
|---|---|
| Petitioner | Gursewak Singh, Punjab patwari |
| Chargeback | Corruption case registered in 2021 |
| HC’s approach | Asked police why no arrest or charge sheet till 2025 |
| SC’s verdict | Bail granted; HC’s order criticized as cryptic & unusual |
| Key takeaway | Delay in arrest is a valid ground for anticipatory bail |
| Broader impact | Reinforces fairness, expedites bail decisions, curbs misuse |