Why did the Supreme Court grant anticipatory bail to Gursewak Singh?

The Supreme Court granted anticipatory bail to Gursewak Singh, a patwari (revenue department official) from Punjab, because it disapproved of the "very cryptic and unusual" manner in which the Punjab and Haryana high court had dealt with his plea for anticipatory bail.

What did the high court do that the Supreme Court disapproved of?

The high court had granted bail to a co-accused who was allegedly involved in receiving the bribe amount, but had refused to provide the same relief to Singh. The high court had also asked the Punjab DGP why a chargesheet had not been filed and questioned the 4-year delay in arresting the accused.

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Supreme Court Grants Anticipatory Bail, Slams High Court's Handling

Q: How did the Supreme Court justify granting anticipatory bail to Singh?

The Supreme Court held that the fact that the petitioner (Singh) was not arrested for four years should have been a good ground for the high court to exercise its discretion and grant anticipatory bail. The top court then exercised its own discretion to order that in the event of Singh's arrest, he should be released on bail.

6 Sep

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Summary

Supreme Court grants anticipatory bail to Punjab government employee
High court refused bail but asked about 4-year delay in arrest
Top court disapproves high court's "very cryptic and unusual" directions

Supreme Court Grants Anticipatory Bail, Slams High Court's Handling

On September 3, 2025, the Supreme Court granted anticipatory bail to Gursewak Singh, a patwari (revenue department official) from Punjab, in a 2021 corruption case. The top court strongly disapproved of how the Punjab and Haryana high court had dealt with Singh's plea for anticipatory bail.

The high court had earlier granted bail to a co-accused who was allegedly involved in receiving the bribe amount, but had refused to provide the same relief to Singh. Instead, the high court had asked the Punjab Director General of Police (DGP) why a chargesheet had not been filed and questioned the 4-year delay in arresting the accused.

Terming the high court's directions as "very cryptic and unusual", the Supreme Court bench comprising Justices J.B. Pardiwala and Sandeep Mehta said the high court should have either allowed Singh's anticipatory bail application or declined it on its own merits. The bench also wondered why the high court, while considering the anticipatory bail, asked the probe agency about the delay in arresting the accused.

The Supreme Court held that the fact that the petitioner was not arrested for four years should have been a good ground for the high court to exercise its discretion and grant anticipatory bail. Exercising its own discretion, the top court ordered that in the event of Singh's arrest, he should be released on bail subject to the terms and conditions set by the investigating officer of the Economic Offence Branch in Ludhiana, Punjab.

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