Parvinder Singh Khurana v. Directorate of Enforcement
Date of the order:- 23.07.2024
The Supreme Court’s judgment addresses the critical tension between judicial discretion to cancel bail and the constitutional right to liberty under Article 21. The ruling clarifies that while courts can stay bail orders pending cancellation petitions, this power must be exercised sparingly and only in exceptional circumstances.
2. Exceptional Circumstances for Stays
The Court emphasized that interim stays on bail orders should be rare and reserved for cases where the initial grant of bail appears manifestly unjust or illegal. Examples include bail orders passed without proper reasoning or clear evidence of witness tampering.
3. Rejection of Routine Ex Parte Stays
The judgment firmly opposes the routine use of ex parte stays, which are granted without hearing the accused. Such measures violate fundamental rights unless accompanied by immediate follow-up hearings and detailed justifications.
4. Critique of Procedural Delays
The Court criticized the Delhi High Court for mechanically staying the bail order without examining its merits and allowing the stay to remain in effect for nearly a year due to adjournments and judge recusals. This delay turned a temporary measure into a de facto denial of liberty.
5. Precedents and Legal Grounds
The ruling revisits key precedents like Gulabrao Baburao Deokar and Puran v. Rambilas, affirming that bail cancellation is permissible only under specific grounds, such as misuse of liberty or a patently erroneous bail order.
6. Practical Implications for Lawyers
For defense lawyers, this judgment is a tool to challenge unjustified stays and procedural delays. Prosecutors must ensure cancellation petitions are grounded in concrete evidence of misconduct or legal error, not tactical delays.
7. Reinforcement of Constitutional Principles
The decision reinforces that liberty is the rule, not the exception. Courts must act swiftly and fairly when dealing with bail, ensuring procedural mechanisms do not erode constitutional rights.
8. Broader Impact and Future Reference
This case will likely become a key reference for future bail cancellation disputes, especially in high-stakes matters involving agencies like the ED or CBI.
Edited & Reviewed by Neeraj Gogia Advocate