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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 ...