Normally Bail Orders Should Not Be Stayed, Stay Only In Exceptional Cases : Supreme Court

In an important judgment, the Supreme Court on Tuesday (July 23) 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, the Court stated.

"Though court may have power to grant stay on bail, it must be done only in exceptional circumstances. Normally bail orders should not be stayed, stay should be granted only in exceptional cases," Justice Abhay S Oka orally pronounced the verdict.

The bench comprising Justice Abhay S Oka and Justice Agustine George Masih pronounced the verdict in a petition filed by Parvinder Singh Khurana, an accused in a money laundering case

In a previous hearing on July 11, the Court expressed shock at the Delhi High Court's decision to stay a regular bail order without providing any reasons.

During the hearing, on July 11, Justice Abhay S Oka questioned the Directorate of Enforcement (ED) for defending the prolonged interim stay on the bail order granted by the trial court in June 2023.

The case arose when the trial court granted bail to Khurana, which the ED challenged, seeking its cancellation.

The ED's counsel, Advocate Zoheb Hossain, argued that the trial court had not considered all factors in its decision and highlighted that several judges recused themselves from the case, including one after reserving the order. Hossain said that the accused is involved in laundering large amount of money.

The court questioned how the ED could defend a single-line order of the Delhi High Court staying a reasoned bail order by the trial court. Justice Oka emphasized concerns about violation of liberty in this case. "Please consider the repercussions. There is a bail granted, without bothering to look into the matter court stays it, and after one year you face a scenario that writ petition is dismissed. For one year, for nothing the person continues to languish in jail. We are worried about the liberty aspect of it."

On July 12, Solicitor General Tushar Mehta highlighted the possibility of accused absconding from the country if released on bail. Once the accused is out of the jurisdiction, the bail conditions have no meaning, Mehta said.

However, the court reiterated its concern regarding liberty of the accused, highlighting that bail can be stayed only in very rare cases if the accused is a terrorist, involved in multiple cases under NIA Act, an anti-nationalist etc. or if the bail order is perverse. 

Case no. – SLP(Crl) No. 8007-8010/2024

Case Title – Parvinder Singh Khurana v. Directorate of Enforcement

Story to be updated after the judgment in uploaded.