In Brief
The Supreme Court examined when a court may grant an interim stay of a bail order while hearing an application for bail cancellation. The Court held that such drastic relief can only be granted in rare, exceptional cases where a very strong prima facie case for cancellation is made out, with recorded reasons. Ex-parte stays (without hearing the accused) should generally not be granted and, if passed, must be immediately followed by a hearing on continuation. The liberty of an undertrial cannot be casually taken away, as it is a fundamental right under Article 21. The Court set aside the High Court's stay order that had remained in place for over a year without proper consideration, allowing the appellant's bail to operate.
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