Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
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The High Court or Sessions Court should be reluctant to grant an interim stay on the operation of an order granting bail pending disposal of the cancellation application u/s 439(2) of CrPC/Section 483(2) of BNSS. Granting a stay amounts to curtailing the undertrial's liberty restored through bail. An interim stay should only be granted in rare, exceptional cases where the situation demands it. An ex parte stay on a bail order should not be granted as a standard rule. Liberty granted under a bail order cannot be lightly interfered with by mechanically granting an ex parte stay. Courts must be sensitive to the fundamental right to liberty under Article 21. If bail is not misused, a stay should not be granted merely because cancellation is sought.
The High Court or Sessions Court should be reluctant to grant an interim stay on the operation of an order granting bail pending disposal of the cancellation application u/s 439(2) of CrPC/Section 483(2) of BNSS. Granting a stay amounts to curtailing the undertrial's liberty restored through bail. An interim stay should only be granted in rare, exceptional cases where the situation demands it. An ex parte stay on a bail order should not be granted as a standard rule. Liberty granted under a bail order cannot be lightly interfered with by mechanically granting an ex parte stay. Courts must be sensitive to the fundamental right to liberty under Article 21. If bail is not misused, a stay should not be granted merely because cancellation is sought.
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