High Court Can Not Recall Order of Dismissal of Anticipatory Bail to Grant Bail

Supreme Court reaffirms the finality of anticipatory bail dismissal orders, nullifying the Punjab and Haryana High Court's recall.

New Delhi, September 15, 2025: The Supreme Court of India has set aside an order from the Punjab and Haryana High Court that recalled and restored a previously dismissed anticipatory bail application. The case, Gurvinder Singh v. Jasbir Singh @ Jasvir Singh, was presided over by Justices Ahsanuddin Amanullah and S.V.N. Bhatti, who delivered the judgment on September 15, 2025.

The appellant, Gurvinder Singh, approached the Supreme Court challenging the High Court's decision dated February 7, 2025, which had reversed its own earlier order from January 17, 2025. The initial order dismissed Singh's plea for anticipatory bail, but the High Court later recalled its decision and granted bail, a move now deemed impermissible by the Supreme Court.

The legal representatives for Gurvinder Singh argued that the High Court's action of recalling and restoring the dismissal was outside the ambit of lawful procedure. They contended that once a detailed order dismissing anticipatory bail has been passed, the proceedings stand conclusively terminated and cannot be revived or reversed.

The counsel for the respondent, Jasbir Singh @ Jasvir Singh, defended the High Court's action, suggesting that the recall was justified by the reasons documented in the impugned order. However, the Supreme Court found merit in the appellant's arguments, stating that the High Court's procedure of reviving the proceedings for anticipatory bail, which had been conclusively dismissed, is not permissible under the law.

In its judgment, the Supreme Court emphasized that a dismissal order of anticipatory bail concludes the proceedings and cannot be subject to recall or restoration. This ruling underscores the principle of finality in judicial orders concerning anticipatory bail, ensuring that such dismissals remain irrevocable unless challenged through appropriate legal remedies.

The Supreme Court's decision to set aside the High Court's recall order reinstates the initial dismissal of the anticipatory bail application. This judgment not only resolves the specific legal dispute between Gurvinder Singh and Jasbir Singh but also clarifies procedural norms for future cases involving anticipatory bail dismissals.

The court's decision leaves the parties open to pursuing any further legal remedies available to them. The appellant's appeal was allowed, thereby reinforcing the procedural integrity of anticipatory bail dismissals.

This judgment is a significant reiteration of the legal procedures surrounding anticipatory bail, ensuring that dismissals are respected and upheld unless properly challenged within the framework of the law.

Pending applications related to this case have been disposed of, marking the conclusion of this legal battle at the Supreme Court level. The ruling serves as a precedent for similar cases, ensuring that judicial decisions maintain their intended finality and are not subject to arbitrary reversals.

Gurvinder Singh v. Jasbir Singh @ Jasvir Singh, (SC) : Law Finder Doc Id # 2781315