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Parvinder Singh Khurana vs. Directorate of Enforcement

Not available · 2024 INSC 546Decided 23 Jul 2024
Not available
Justice Abhay S. Oka · Justice Augustine George Masih

Background

The appellant was investigated by the CBI and later by the Enforcement Directorate (ED) in connection with a loan-fraud case linked to Jay Polychem India Ltd. and associated money-laundering proceedings under the Prevention of Money Laundering Act, though he was not originally named as an accused in the ED's case. After he was granted bail by the Special Court, the High Court, while hearing the ED's application seeking cancellation of that bail, passed an interim order staying the operation of the bail order itself: effectively keeping him in custody without a final ruling on cancellation. This raised the broader legal question of when and how courts may grant such an interim stay of a bail order.

Decision Breakdown

The Supreme Court examined the power under Section 439(2) CrPC (and its counterpart Section 483(3) of the new BNSS) to stay a bail order pending a cancellation application, and held this is an exceptional power that can be used only where a strong prima facie case for cancellation of bail is shown, with the court recording reasons for treating the case as exceptional. It further held that an ex-parte stay (granted without hearing the accused) should be granted only in rare and very exceptional situations demanding urgent action, and that when such an order is passed, the court must promptly hear the accused on continuing the stay. Finding that the case before the High Court was not of that rare and exceptional character, the Supreme Court set aside the stay orders, allowing the original bail to continue to operate while leaving the merits of the cancellation application open for the High Court to decide.

Lesson Learnt

Once a person has been granted bail, courts cannot casually or routinely stay that liberty while a cancellation plea is pending: an interim stay of bail is an extraordinary step reserved for truly exceptional cases with recorded reasons, and even then the affected person must be heard promptly.

Official source (sci.gov.in)View Judgment (PDF)

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