New Delhi: The Supreme Court on Friday said courts should avoid staying bail orders mechanically and without assigning any reason, underlining that relief to an accused should be denied only in rare and exceptional cases. Needed
A bench of Justices Abhay S Oka and Augustine George Masih said courts cannot curtail the liberty of an accused in a casual manner.
“Courts should stay bail orders only in rare and exceptional cases such as someone involved in terrorist cases, where the order is perverse or bypasses the provisions of law. You cannot restrict liberty like this. It will be disastrous. If we ban it like this, it will be a disaster. Where will Article 21 go," the bench said.
The top court made these observations while reserving its verdict on the plea of Parvinder Singh Khurana, accused in a money laundering case, who had challenged the Delhi High Court order temporarily staying the bail order passed by the trial court.
The top court had on Thursday said courts should not stay bail orders in a "casual manner".
Expressing surprise at the order of the High Court, the bench had said that the instruction is shocking.
"Unless he's a terrorist, what reason is there to stop?" Justice Oka had commented.
On June 17 last year, the trial court had granted bail to Khurana in the PMLA case but the High Court had stayed the order. The apex court on June 7 stayed the high court order and restored Khurana's bail.
A bench of Justices Abhay S Oka and Augustine George Masih said courts cannot curtail the liberty of an accused in a casual manner.
“Courts should stay bail orders only in rare and exceptional cases such as someone involved in terrorist cases, where the order is perverse or bypasses the provisions of law. You cannot restrict liberty like this. It will be disastrous. If we ban it like this, it will be a disaster. Where will Article 21 go," the bench said.
The top court made these observations while reserving its verdict on the plea of Parvinder Singh Khurana, accused in a money laundering case, who had challenged the Delhi High Court order temporarily staying the bail order passed by the trial court.
The top court had on Thursday said courts should not stay bail orders in a "casual manner".
Expressing surprise at the order of the High Court, the bench had said that the instruction is shocking.
"Unless he's a terrorist, what reason is there to stop?" Justice Oka had commented.
On June 17 last year, the trial court had granted bail to Khurana in the PMLA case but the High Court had stayed the order. The apex court on June 7 stayed the high court order and restored Khurana's bail.
