Supreme Court says an order granting bail can be put on hold only in exceptional cases
India TodayThe Supreme Court on Tuesday, while setting aside the order of the Delhi High Court, which stayed the bail granted in a money laundering case, held that bail orders should not normally be put on hold. Stay should be granted only in exceptional cases.” The bench in its 16-page judgment on a petition filed by Parvinder Singh Khurana, an accused in a money laundering case, said, “The reason is that when an undertrial is ordered to be released on bail, his liberty is restored, which cannot be easily taken away for the asking.” Khurana was granted bail in June last year. But surely, the ex parte order staying the order of bail passed without considering merits cannot continue to operate for one year without the appellant getting a hearing on the issue of continuation of the interim order.” “All courts have to be sensitive about the most important fundamental right conferred under the Constitution, which is the right to liberty under Article 21,” the bench stressed. Where such a drastic ex parte order of stay is passed, it is the duty of the court to immediately hear the accused on the prayer for continuation of the interim relief.” “When the court exercises the power of granting ex parte ad interim stay of an order granting bail, the court is duty bound to record reasons why it came to the conclusion that it was a very rare and exceptional case where a drastic order of ex parte interim stay was warranted,” the bench clarified.