Supreme Court Upholds Anticipatory Bail Protection in Paramjit Singh Kalsi Case: A Reaffirmation of Section 438 Safeguards.


29 October 2025 Anticipatory Bail >> Criminal Law  

The Supreme Court, on October 29, 2025, in Paramjit Singh Kalsi v. State of Punjab & Anr., reaffirmed the policy that anticipatory bail is to be granted where the accused has been cooperating with the investigation and there is no reason for custodial interrogation.

A Bench consisting of Justice J. K. Maheshwari and Justice Vijay Bishnoi dismissed Special Leave Petition (Crl.) No. 6417 of 2025, which had been filed from the order dated April 2, 2025, of the Punjab and Haryana High Court in relation to FIR No. 187 of 2024 reported at the Ludhiana Police Commissionerate for offences under Sections 406, 420, and 120-B of the Indian Penal Code.

 

 

The petitioner had previously received interim protection on May 5, 2025, when the Court ordered no coercive measures be taken, pending his cooperation in the investigation. Considering the submissions made by both parties, the Court observed that the petitioner had fulfilled the requirements of the investigation and the facts did not justify a denial of anticipatory bail.

Consequently, the Bench upheld the interim protection and ordered that, upon arrest, the petitioner should be granted bail on the provision of appropriate bonds and sureties to be decided by the Station House Officer. The Court also ordered the petitioner to cooperate fully and comply with the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Notably, the order highlights the settled jurisprudential balance under Section 438 CrPC — upholding an accused's liberty while protecting the investigative process. The Court also clarified that any breach of bail conditions would entitle the trial court to undertake suitable remedial action.

This ruling upholds the Supreme Court's uniform position that anticipatory bail cannot be withheld mechanically, especially when the accused shows bona fide cooperation and the prosecution cannot provide reasons for arrest.


Indian Penal Code, 1860  

Code of Criminal Procedure, 1973