Supreme Court: Bail Orders Should Only Be Stayed in Exceptional Circumstances

In a significant ruling on Tuesday, the Supreme Court emphasized that courts should reserve the stay of bail orders for only exceptional circumstances. The directive came as the apex court set aside a Delhi High Court order that had previously stayed the bail granted to an individual accused in a money laundering case.

Justices Abhay S. Oka and Augustine George Masih of the Supreme Court clarified that while courts possess the authority to stay bail, such actions should not be taken lightly or without substantial justification. “Though court may have power to grant stay on bail, it must be done only in exceptional circumstances,” the bench stated, addressing concerns over the routine staying of bail orders without detailed reasoning.

This judgement was part of a plea by Parvinder Singh Khurana, who is facing charges under the Prevention of Money Laundering Act (PMLA). Khurana was initially granted bail by a trial court on June 17 last year, but this decision was temporarily overturned by the Delhi High Court.

Reacting to the high court’s decision, the Supreme Court had earlier intervened on June 7, staying the high court’s order and reinstating the bail for Khurana. The Supreme Court’s decision underscores a broader judicial philosophy aimed at preventing the misuse of judicial discretion in bail matters and ensuring that the granting of bail remains a fair and reasoned process.

Case Title โ€“ Parvinder Singh Khurana v. Directorate of Enforcement

Case no. โ€“ SLP(Crl) No. 8007-8010/2024

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