Under What Exceptional Circumstances Can Bail Orders Be Stayed? SC Clarifies

The Supreme Court has established clear guidelines, highlighting that bail orders should not be stayed casually or mechanically, only under exceptional circumstances. This move aims to prevent the misuse of power and protect human liberty, responding to a recent case where a bail order stay had detrimental implications.

The Supreme Court has ruled that bail orders should not be stayed "casually" or "mechanically," establishing clear guidelines to prevent such practices.

The bench of justices AS Oka and Ujjal Bhuyan emphasised that staying bail orders must only occur in exceptional circumstances.

Photo Credit: PTI

In a recent case, the Delhi High Court stayed a bail order for an accused in a money laundering case without providing any reasons. This stay lasted for a year until the Supreme Court intervened on June 7, directing the immediate release of the accused. The bench subsequently set aside the high court's order.

Supreme Court's Stance on Bail Orders

During the hearing on July 12, the bench criticised the practice of casually staying bail orders, highlighting its "disastrous" implications for human liberty. The Enforcement Directorate (ED) argued that it was common practice among several courts to stay bail orders, but the Supreme Court asserted its authority to end such practices.

The court questioned advocate Zoheb Hossain, representing ED, stating, "How can you say there's anything in law or there's some practice? If it's a practice, it's a wrong practice." The court stressed that orders granting bail contain reasons and should not be stayed casually.

Specific Guidelines for Staying Bail Orders

The court indicated it would lay down specific guidelines on when a bail order could be stayed. It stated that such orders could only be stayed in cases of perversity or when special conditions are required, such as when dealing with terrorists.

In this particular case, Parvinder Singh Khurana was granted bail by a Delhi court on June 17, 2023. After ED filed an appeal, the Delhi high court stayed the bail order on June 23 without giving any reason. Khurana then approached the Supreme Court, which directed his release on June 7.

Implications for Higher Courts

On July 11, the Supreme Court condemned higher courts' practice of casually staying bail orders granted by trial courts. It noted that this is particularly problematic when the accused is neither a terrorist nor considered a threat to society.

The bench expressed shock at how easily investigating agencies could get bail orders stayed without detailed reasoning from trial courts being considered. It underscored that stays should not be granted merely at the behest of investigating agencies.

Recent Controversy Involving Arvind Kejriwal

This ruling comes amid controversy involving Delhi chief minister Arvind Kejriwal, who is in judicial custody over alleged illegalities in framing the 2011-22 excise policy. On June 21, the Delhi high court stayed Kejriwal's bail granted by a trial court in a related money laundering case.

The trial court had cited a lack of direct evidence against Kejriwal and suggested potential bias in ED's approach. However, following ED's appeal, the stay came less than 24 hours after the trial court's order without providing any reasons.

Kejriwal's challenge to his suspended bail order is currently pending before the high court. This situation highlights significant legal and ethical questions regarding casual stays of detailed bail orders by higher courts.