Stay of bail order not covered by statutory appeal, and Special Judge lacks power to stay own bail order
An order staying the operation of a bail order is not an order granting or refusing bail, so it does not fall within the appeal provision in Section 21(4) of the National Investigation Agency Act, 2008; the writ petition was therefore maintainable. The Special Judge also had no jurisdiction under the Code of Criminal Procedure, 1973 to stay his own order granting bail, as the Code provides for cancellation of bail under Section 439(2) and preserves the High Court's inherent power under Section 482, but does not authorise self-stay under Section 309(1). The impugned order was quashed and set aside.
Issues: (i) Whether a petition under Article 227 of the Constitution of India was maintainable against an order staying the operation of a bail order, and whether such an order fell within Section 21(4) of the National Investigation Agency Act, 2008. (ii) Whether the Special Judge had jurisdiction to stay the operation of his own order granting bail.
Issue (i): Whether a petition under Article 227 of the Constitution of India was maintainable against an order staying the operation of a bail order, and whether such an order fell within Section 21(4) of the National Investigation Agency Act, 2008.
Analysis: Section 21(4) provides an appeal against an order of the Special Court granting or refusing bail. The impugned order was neither an order granting bail nor an order refusing bail, but only an order staying the operation of a bail order. Such an order does not fit within the statutory appeal provision. Accordingly, the objection to maintainability was not accepted.
Conclusion: The writ petition was maintainable and the objection based on Section 21(4) of the National Investigation Agency Act, 2008 was rejected.
Issue (ii): Whether the Special Judge had jurisdiction to stay the operation of his own order granting bail.
Analysis: The Code of Criminal Procedure, 1973 does not confer power on the Special Judge to stay his own bail order. Section 439(2) of the Code empowers cancellation of bail and arrest of the released person, while Section 482 of the Code preserves the High Court's inherent power in appropriate cases. Section 309(1) of the Code does not furnish authority for staying a bail order. Since the Judge lacked such jurisdiction, the impugned order could not stand.
Conclusion: The Special Judge had no power to stay the operation of his own order granting bail.
Final Conclusion: The impugned order was quashed and set aside, and the petition succeeded on both maintainability and merits.
Ratio Decidendi: An order staying the operation of a bail order is not an order granting or refusing bail under Section 21(4) of the National Investigation Agency Act, 2008, and a Special Judge has no jurisdiction under the Code of Criminal Procedure, 1973 to stay his own order granting bail.
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