In an crucial verdict, the Supreme Court on Tuesday held that bail orders by trial courts should not be normally stayed by high courts. The top court today set aside an order of the Delhi High Court which stayed the bail granted to an accused in a money laundering case.
A bench of Justice Abhay S Oka and Justice Agustine George Masih pronounced the verdict in a petition filed by Parvinder Singh Khurana and held that bail orders can be stayed only in exceptional circumstances.
“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,” Justice Abhay S Oka said while pronouncing verdict.
Earlier on July 11, the top court expressed shock at the Delhi High Court’s decision to stay a regular bail order passed by a trial court without providing any reasons. The bench questioned the prolonged interim stay of more than one year on the bail order granted by the trial court in June 2023.
It was Enforcement Directorate’s contention that the trial court did not consider all factors while granting bail. It further said that several judges recused themselves from the case, including one after reserving the order.
The top court however questioned that how Delhi High Court could stay a reasoned trial court order with just a single-line order of the trial court.
The top court had raised concerns over violation of liberty in this particular case where a bail order was stayed for one year.
It is critical to note, a trial court order granting regular bail to Chief Minister Arvind Kejriwal was stayed by Delhi High Court recently. The high court is still hearing that case. However, CM Kejriwal has secured an interim bail in ED case from the Supreme Court. But, hearfing on regular bail, which was stayed by the high court is still pending.
