High Courts Cannot Restore Dismissed Anticipatory Bail Applications: Supreme Court

The Supreme Court on September 15, 2025, held that a high court cannot recall its own order rejecting an anticipatory bail plea and subsequently grant relief to the accused.

A bench of Justices Ahsanuddin Amanullah and S.V.N. Bhatti set aside a February 7, 2025, order of the Punjab and Haryana High Court, which had first dismissed an anticipatory bail application filed by the accused in a case and later restored the plea to grant bail.

The decision came on an appeal filed by Gurvinder Singh, who had challenged the high court’s decision before the apex court. In earlier proceedings, the High Court had, on January 17, 2025, rejected the accused's prayer for anticipatory bail. On a later petition, the dismissal order was recalled, and anticipatory bail was granted.

The counsel for the appellant submitted that the High Court had taken recourse to a course unknown in law. He submitted that such a procedure is also impermissible. Once a detailed order dismissing the prayer for anticipatory bail had been passed, the proceedings, thus, stood finally concluded and could not have been revived by way of recall, much less restoration.

The counsel for the respondent no.1/accused, on the other hand, submitted that cogent reasons were recorded in the impugned order for recalling the earlier dismissal.

In its order, the bench said, "Having considered the matter in depth, we find substance in the contention of counsel for the appellant.''

Court held that the Single Judge, after having passed an order dismissing the prayer for anticipatory bail, could not have revived the proceedings, much less by way of restoration. The court could not have then proceeded to reverse its earlier order by allowing the prayer for anticipatory bail which was initially rejected, the bench said.

Accordingly, the apex court set aside the order of February 07, 2025, and revived the initial order of January 17, 2025, dismissing the application and prayer for anticipatory bail.

Court left the parties open to avail the remedies as may be available to them in law.

Case Title: Gurvinder Singh Vs Jasbir Singh @ Jasvir Singh

judgment Date: September 15, 2025

Bench: Justices Ahsanuddin Amanullah and S.V.N. Bhatti