Supreme Court Emphasizes Restraint on Staying Bail Orders
The Supreme Court of India has stressed that high and sessions courts should exercise great caution when staying bail orders, asserting such decisions should be rare and only in exceptional cases. This directive highlights the significance of personal liberty under Article 21 of the Constitution.
- Country:
- India
The Supreme Court of India has called on high courts and sessions courts to exercise extreme caution when staying bail orders, emphasizing that such decisions should be taken only in rare and exceptional cases. The court underlined that liberty granted under bail must not be casually interfered with.
A bench comprising Justices Abhay S Oka and Augustine George Masih clarified that an order granting bail should be stayed only when there is a strong prima facie reason suggesting the grounds for canceling bail. They emphasized the rights granted under Article 21 of the Constitution, which get curtailed upon arrest.
The apex court's directive came following a case involving Parvinder Singh Khurana, accused in a money-laundering case. The Supreme Court stayed a Delhi High Court order that had temporarily stayed his bail, thereby restoring his liberty.
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