Last Updated on 12/07/2024 by wccexam Desk
Supreme Court
Headlines
- Supreme Court gave a stern warning to the courts.
- Avoid staying bail orders in a mechanical manner: Court.
Supreme Court, The Supreme Court on Friday said that courts should refrain from staying bail orders in a mechanical manner and without assigning any reasons. The court emphasised that relief to an accused should be denied only in rare and exceptional cases.
What did the court say?
A bench of Justices Abhay S. Oka and Augustine George Masih said courts cannot curtail the liberty of an accused in a reckless manner.
The bench said, “Courts should stay bail orders only in rare and exceptional cases, like a person involved in terror cases, where the order is perverse or the provisions of law are circumvented. You cannot restrict liberty like this. It will be disastrous. If we grant stays like this, it will be disastrous. (After all) What will happen to Article 21.”
The court reserved the decision
The apex court made these observations while reserving its verdict on a plea by Parvinder Singh Khurana, an accused in a money laundering case, who had challenged the Delhi High Court order granting a temporary stay on his bail order passed by a trial court.
The Supreme Court had said on Thursday that courts should not “casually” stay bail orders. Expressing surprise at the High Court’s order, the bench had said that this direction is shocking. Justice Oka had remarked that unless he is a terrorist, what is the reason for staying?
HC had stayed the bail
On June 17 last year, the subordinate court had granted bail to Parvinder Singh Khurana in the PMLA case, but the High Court had stayed the order. On June 7, the Supreme Court stayed the High Court order and restored Parvinder Singh Khurana’s bail.