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Supreme Court Clarifies: High Court Cannot Recall Dismissal Order To Grant Anticipatory Bail The legal Bandhu 48.3K followers September 19, 2025 Author: ABHISHEK J. The Supreme Court of India recently delivered a significant judgment clarifying the jurisdiction of High Courts in recalling orders pertaining to anticipatory bail. In "Gurvinder Singh v. Jasbir Singh @ Jasvir Singh & Anr." (2025 LiveLaw (SC) 924), the Bench comprising Justice Ahsanuddin Amanullah and Justice S.V.N. Bhatti set aside the Punjab & Haryana High Court's recalled order granting anticipatory bail after it was earlier dismissed, reinforcing procedural finality and the settled position of law. Background of the Case This matter arose from a criminal appeal (Special Leave Petition (Criminal) No. 3843/2025) challenging the High Court’s order dated 07.02.2025 where, contrary to established principles, the High Court revived proceedings and granted anticipatory bail after an initial rejection o...

By Abhishek Jat, Advocate Introduction Bail is a vital component of the Indian criminal justice system, serving as a bridge between the presumption of innocence and the necessity of ensuring the accused’s presence at trial. The concept of bail is rooted in the fundamental right to liberty, as enshrined in Article 21 of the Constitution of India. The process of seeking bail, however, is governed by statutory provisions, judicial discretion, and practical considerations that collectively ensure a balance between individual rights and societal interests. Legal Framework: Statutory Provisions Governing Bail The law relating to bail in India has undergone significant evolution, with the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), now serving as the principal statute. The BNSS replaced corresponding sections of the Code of Criminal Procedure, 1973 (CrPC), and introduced certain refinements to the bail regime. The relevant sections under the BNSS are as follows: Section 479: Governs the ...

By Abhishek Jat, Advocate Introduction Anticipatory bail is a significant legal safeguard within the criminal justice system, designed to protect individuals from unwarranted arrest and detention. In a recent matter before the Patna High Court, the application of anticipatory bail was examined in the context of grave allegations under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act. Case Overview Case Title: Raj Kumar & Devanti Devi v. State of Bihar Case Number: Criminal Miscellaneous No. 10019 of 2018 Presiding Judge: Hon’ble Mr. Justice Sanjay Priya Court: Patna High Court Date of Order: 27th March 2018 Factual Matrix The petitioners, Raj Kumar and Devanti Devi, faced accusations stemming from Mahila P.S. Case No. 39 of 2017, registered in Aurangabad district. The charges invoked were under Section 354A (sexual harassment), Section 504 (intentional insult), and Section 506 (criminal intimidation) of the IPC, along with Section 8 of ...

Madras High Court Grants Interim Anticipatory Bail to Kunal Kamra in Mumbai Police FIR  By Abhishek Jat, Advocate The Madras High Court has extended interim anticipatory bail to stand-up comedian Kunal Kamra until April 7, 2025, in connection with a First Information Report (FIR) registered against him at the Khar Police Station in Mumbai. The allegations pertain to remarks made by Kamra in his recent satirical performance, which purportedly targeted Maharashtra Deputy Chief Minister Eknath Shinde. The Court directed Kamra to furnish a bail bond before the jurisdictional magistrate as a precondition for securing relief. Legal Context and Grounds for Relief Despite the FIR being lodged in Mumbai, Kamra, a resident of Tamil Nadu, sought refuge under the jurisdiction of the Madras High Court. His counsel, Advocate V. Suresh, presented an urgent plea highlighting the grave threats to Kamra’s safety following the publication of his stand-up routine titled Naya Bharat . The Court...