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2025 Supreme(SC) 1645

SANDEEP MEHTA, J. B. PARDIWALA
Gursewak Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Amit Gupta, Adv. Mr. Prannv Dhawan, Adv. Ms. Muskan Nagpal, Adv. Mr. Arun Singh, Adv. For M/s. Mitter & Mitter Co., AOR
For the Respondent(s): Mr. Vivek Jain, A.A.G. Mr. Siddhant Sharma, AOR

ORDER

1. The petitioner – herein prayed for anticipatory bail before the High Court of Punjab and Haryana as he apprehended arrest in connection with a First Information Report No.05/2021 registered with Economic Offence Branch Police Station, District Ludhiana, Punjab for the offence punishable under Sections 7 and 7A of the Prevention of Corruption Act, 1985 and Section 120B of the Indian Penal Code (for short, “the IPC”).

2. The High Court has passed a very cryptic and unusual order.

3. The order reads thus:-

    “The DGP, Punjab shall file an affidavit as to why the report under Section 173(2) Cr.P.C. has not been submitted against the arrested accused and why the petitioner has not been arrested for the last four years.

    Let the needful be done by the next date of hearing.

    Adjourned to 11.08.2025.”

4. We called upon the learned counsel appearing for the petitioner to make us understand why the petitioner is praying for anticipatory bail in the year 2025 in an FIR of the year 2021. According to him, at one point of time, the petitioner was given to understand that there is no case at all against him and no steps were likely to be taken against him. Initially, the petitioner was placed un

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