https://www.taxtmi.com/caselaws?id=755952 The power to cancel bail under Section 439(2) CrPC and the corresponding BNSS provision includes an incidental power to stay the operation of a bail order, but because bail restores liberty under Article 21, such interim restraint is a drastic measure. It may be granted only in rare and exceptional cases on a very strong prima facie showing for cancellation, with brief reasons recorded; ex parte stay should not be the normal course. On the facts, the stay was passed without hearing the accused or recording reasons and was continued despite repeated listings, while the cancellation application disclosed no misuse of liberty. The ex parte stay was therefore unjustified and set aside, leaving the cancellation merits open. en-us Tue, 23 Jul 2024 00:00:00 +0530 Fri, 18 Apr 2025 13:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=755952 The power to cancel bail under Section 439(2) CrPC and the corresponding BNSS provision includes an incidental power to stay the operation of a bail order, but because bail restores liberty under Article 21, such interim restraint is a drastic measure. It may be granted only in rare and exceptional cases on a very strong prima facie showing for cancellation, with brief reasons recorded; ex parte stay should not be the normal course. On the facts, the stay was passed without hearing the accused or recording reasons and was continued despite repeated listings, while the cancellation application disclosed no misuse of liberty. The ex parte stay was therefore unjustified and set aside, leaving the cancellation merits open. Case-Laws Money Laundering Tue, 23 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=755952