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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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