SC grants anticipatory bail to Punjab official in corruption case

Disapproving of the manner in which the Punjab and Haryana High Court dealt with his pre-arrest bail, the Supreme Court has granted anticipatory bail to a Punjab Government employee in a corruption case.

Punjab government officer Gursewak Singh had moved the high court in 2025 for grant of anticipatory bail in a corruption case lodged against him in 2021.

The top court was surprised to note that the high court granted bail to a co-accused who allegedly received the bribe but denied relief to Singh and instead asked the Punjab DGP why he wasn't arrested in the last four years and why a chargesheet had not been filed.

Terming the high court direction as “very cryptic and unusual order”, a Bench of Justice JB Pardiwala and Justice Sandeep Mehta said, "We do not approve (of) the manner in which the high court has dealt with the plea of anticipatory bail.”

“Either the high court should have allowed the application granting anticipatory bail or should have declined it on its own merits. Surprisingly, the high court proceeded to grant anticipatory bail to a co-accused who is alleged to have actually accepted the bribe amount,” the top court said in its September 3 order.

It wondered why the high court, while considering the anticipatory bail, should ask the probe agency about reasons for not arresting the accused in the last four years.

“The fact that the petitioner was not arrested for four years by itself was a good ground for the high court to exercise its discretion and order grant of anticipatory bail,” it said.

Without waiting for the final outcome of the case in the high court, the top court said in the event of arrest, the accused should be released on bail "subject to the terms and conditions" of the investigating officer of the Economic Offence Branch, Ludhiana, Punjab.