In Brief
The Supreme Court quashed the High Court's ex-parte order staying a discharge granted by the Trial Court in a murder case. The appellant, discharged from charges under Sections 302, 201, and 34 IPC, was directed by the High Court to surrender to custody based on the stay order. The Court held that while the High Court has power under Section 390 CrPC to stay a discharge in rare and exceptional cases, an ex-parte stay is illegal and violates principles of natural justice. The discharge order stands on a higher pedestal than acquittal; the discharged accused ceases to be an accused. The Court set aside both impugned orders and directed the appellant to furnish fresh bail bonds to appear before the Trial Court, with a condition to cooperate with the High Court for early disposal of the revision application.
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