Bail Order Shouldn't Be Normally Stayed During Pendency Of Application To Cancel Bail : Supreme Court
In an important judgment, the Supreme Court on Tuesday held that bail orders should not be normally stayed. Setting aside an order of the Delhi High Court which stayed the bail granted in a money laundering case, the Court stated that bail orders can be stayed only in exceptional circumstances. However, the court, highlighting that the rights guaranteed under Article 21 of the Constitution are curtailed when a person is arrested, held - "When an application for cancellation of bail is filed, the High Court or Sessions Court should be very slow in granting drastic interim relief of stay of the order granting bail. The Court held that the power to stay bail order should be exercised sparingly and only in exceptional cases where a strong prima facie case for cancellation exists, such as cases where bail is granted without recording reasons or where there is evidence of the accused misusing liberty, such as tampering with evidence or threatening witnesses. During the hearing, on July 11, Justice Abhay S Oka questioned the Directorate of Enforcement for defending the prolonged interim stay on the bail order granted by the trial court in June 2023.
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Supreme Court Weekly Digest March 2025 [March 10 - 16, 2025]