1. Anticipatory bail application — Offences under Prevention of Corruption Act and Indian Penal Code — Apprehension of arrest after a prolonged period of non-arrest. (Para 1 , 4 )
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2025 Supreme(SC) 1645
SUPREME COURT OF INDIA
J.B. PARDIWALA, SANDEEP MEHTA, JJ.
Gursewak Singh – Appellant
Vs.
State of Punjab – Respondent
Petition for Special Leave to Appeal (Crl.) No.11234 of 2025
Decided On : 03-09-2025
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
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
IMPORTANT POINT
Anticipatory bail petition – Court may either grant or decline bail – Court cannot ask why accused was not arrested.
Headnote:
Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482 – Anticipatory bail petition – First Information Report registered for offences punishable under Sections 7 and 7A of Prevention of Corruption Act, 1988 and Section 120B of Indian Penal Code, 1860 – Court do not approve manner in which High Court has dealt with plea of anticipatory bail – Either High Court should have allowed application granting anticipatory bail or should have declined it on its own merits – High Court proceeded to grant anticipatory bail to a co-accused who is alleged to have actually accepted bribe amount – Fact that petitioner was not arrested for four years by itself was a good ground for High Court to exercise its discretion and order grant of anticipatory bail – Anticipatory bail granted. (Paras 5, 6, 7 and 8)
Facts of the case:
Petitioner prayed for anticipatory bail before 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 offences punishable under Sections 7 and 7A of Prevention of Corruption Act, 1985 and Section 120B of Indian Penal Code, 1860.
Findings of Court:
In overall view of the matter, although matter is pending before the High Court, yet Court need not now wait for High Court to pass final order.
Result : Special Leave Petition disposed of.
Legal Category Hierarchy
Table of Contents
2. Petitioner asserted lack of prior arrest and reinstatement in service; High Court questioned the investigating agency regarding the delay in arrest and filing of report. (Para 3 , 4 )
3. High Court's approach of questioning the agency's delay in arrest was improper; such delay should instead be considered a ground for granting anticipatory bail. (Para 5 , 6 , 7 )
4. A prolonged period of non-arrest by the investigating agency serves as a valid ground for the court to exercise discretion in granting anticipatory bail. (Para 7 )
5. Anticipatory bail granted to the petitioner in the event of arrest, subject to conditions imposed by the Investigating Officer. (Para 8 )
6. Does a prolonged period of non-arrest by the investigating agency justify the grant of anticipatory bail?
Yes, the court held that the fact that a petitioner has not been arrested for a significant period is a valid ground for the court to exercise its discretion and grant anticipatory bail. (Para 7 )
7. What is the correct judicial approach when deciding an application for anticipatory bail?
A court should decide an anticipatory bail application on its own merits, either by granting or declining the bail, rather than issuing cryptic orders questioning the investigating agency's failure to arrest. (Para 5 , 6 )
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 under suspension but the suspension order also came to be revoked and he was taken back in service on 27-9-2023. At no point of time, any efforts were made to arrest the petitioner - herein. It is only when the petitioner received a communication in writing from the Deputy Commissioner that he should appear before the Deputy Superintendent of the Economic Offence Branch that the petitioner apprehended that he may be arrested.
5. Be that as it may, we do not approve the manner in which the High Court has dealt with the plea of the anticipatory bail.
6. Either the High Court should have allowed the application granting anticipatory bail or should have declined it on its own merits. Surprisingly, the High Court proceeded to grant anticipatory bail to a co-accused who is alleged to have actually accepted the bribe amount.
7. One another aspect of the matter we need to highlight is that while considering the plea for anticipatory bail why should the High Court ask a question to the investigating agency as to why the accused had not been arrested for the last four years. 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 and order grant of anticipatory bail.
8. In the overall view of the matter, although the matter is pending before the High Court, yet we need not now wait for the High Court to pass the final order. We on our own exercise our discretion and order that in the event of the arrest of the petitioner in connection with First Information Report No.05/2021 registered with Economic Offence Branch Police Station, District Ludhiana, Punjab, he shall be released on bail subject to the terms and conditions that the Investigating Officer may deem fit to impose.
9. With the aforesaid, the Special Leave Petition stands disposed of.
10. Pending applications, if any, also stand disposed of.
