The Supreme Court has overturned a Punjab & Haryana High Court order that had unusually recalled its earlier rejection of an anticipatory bail plea and subsequently granted bail.

Hearing the matter before a Bench of Justice Ahsanuddin Amanullah and Justice SVN Bhatti, the complainant argued that once a detailed dismissal order had been passed on an anticipatory bail application, the proceedings attained finality and could not be revived through recall or restoration.

Agreeing with the submission, the Court held:

“The learned Single Judge, having dismissed the prayer for anticipatory bail, was functus officio and could not have revived the proceedings, much less altered the outcome by granting bail. Such reversal of an earlier rejection was impermissible.”

Consequently, the Court set aside the impugned order dated 07.02.2025 and restored the initial order dated 17.01.2025 dismissing the anticipatory bail plea.

Background

The accused–Respondent No.1 had sought anticipatory bail before the High Court in a case registered under Sections 406, 420 and 120-B IPC. While the plea was first rejected, the High Court later recalled its order citing the fact that the investigating agency had not called the accused for questioning, and granted bail on condition of his joining the investigation.

Cause Title: GURVINDER SINGH v. JASBIR SINGH @ JASVIR SINGH & ANR.