Supreme Court Advocates Against Mechanical Stay of Bail Orders
The Supreme Court emphasized that bail orders should not be stayed without proper reasoning and only in rare cases. This observation was made by Justices Abhay S Oka and Augustine George Masih during a case involving Parvinder Singh Khurana. The court underscored the need to protect individual liberty.
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- India
The Supreme Court has stressed that courts should avoid mechanically staying bail orders without providing sufficient reasons. This directive came from a bench comprising Justice Abhay S Oka and Justice Augustine George Masih, who asserted that bail should be denied only in rare and exceptional cases.
The bench pointed out that such exceptions might include scenarios involving terrorism or situations where the legal provisions have been disregarded. 'Liberty cannot be restricted in such a casual manner. This could be disastrous for individual freedoms,' the judges observed, referencing Article 21 of the Indian Constitution.
The remarks were made while deliberating a plea by Parvinder Singh Khurana, an accused in a money laundering case. The plea challenged a Delhi High Court order that temporarily stayed a bail granted by the trial court. Expressing their disapproval of the high court's decision, the Supreme Court reinstated Khurana's bail.
(With inputs from agencies.)
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