New Delhi: The Supreme Court has granted anticipatory bail to Punjab government officer Gursewak Singh in a 2021 corruption case, while strongly criticizing the Punjab and Haryana High Court for dismissing his plea in what it termed a “cryptic and unusual order.”
A bench of Justices J. B. Pardiwala and Sandeep Mehta noted that Singh’s non-arrest for four years itself justified relief. The Court said this delay should have been considered by the High Court while deciding the matter.
Bench Flags High Court’s Approach
The judges observed that instead of examining Singh’s plea on its merits, the High Court diverted attention by questioning the Punjab Director General of Police on why a chargesheet had not been filed and why Singh had not been arrested since 2021.
“We do not approve the manner in which the High Court has dealt with the plea of anticipatory bail,” the bench remarked. It added that either the plea should have been allowed or rejected on legal grounds, rather than dismissed through unusual directions.
The Court further pointed out the inconsistency of granting bail to a co-accused, who allegedly received the bribe, while refusing relief to Singh.
Four-Year Non-Arrest Key Factor
Justice Pardiwala, authoring the judgment, stressed that the petitioner’s non-arrest for four years was a sufficient ground for granting bail. “Why should the High Court, while considering anticipatory bail, ask the probe agency why it didn’t arrest the accused for the last four years?” he questioned.
Exercising its own discretion, the Supreme Court granted anticipatory bail to Singh, directing that if he is arrested, he must be released subject to terms fixed by the investigating officer of the Economic Offence Branch, Ludhiana.
Court Reiterates Bail Principles
The ruling reinforces that High Courts must decide anticipatory bail applications directly, without issuing unrelated directions or avoiding the merits of the case. By granting relief, the apex court underlined that procedural lapses by investigating agencies cannot justify denial of bail when liberty is at stake.
