The Supreme Court has reiterated that bail should be the norm when an appellate court exercises its power under Section 390 of the Code of Criminal Procedure (CrPC) to arrest an accused while considering an appeal against acquittal. The Court emphasized the principle that "bail is the rule, and jail is the exception," reinforcing the presumption of innocence in favor of the acquitted accused.
Key Observations by the Supreme Court:
“An order of acquittal further strengthens the presumption of innocence of an accused. Therefore, as a general rule, when an order under Section 390 of the CrPC is passed, the accused must be admitted to bail rather than committed to prison.”
The bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan clarified that an acquitted individual holds a stronger presumption of innocence than an accused facing trial. Thus, committing such a person to custody under Section 390 should be an exception rather than the norm. The Court also ruled that a similar approach should be applied to cases where a High Court reviews a discharge order in revision proceedings.
“The normal rule should apply even more rigorously in cases where the challenge is to a discharge order, as the discharge order stands on an even higher pedestal than an acquittal.”
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The Court further noted that High Courts should avoid routinely staying discharge orders issued by trial courts in criminal cases unless there are exceptional circumstances. In the present case, the Supreme Court ruled that the Delhi High Court’s ex-parte order staying the discharge of Sudershan Singh Wazir was improper as it severely impacted his liberty without giving him an opportunity to be heard.
The Court stated:
"An order staying the discharge of an accused is a drastic measure with severe consequences, as it effectively restores the accused’s status and compels them to face trial without a fair hearing."
Case Background:
The Supreme Court was hearing appeals filed by Sudershan Singh Wazir, a Sikh leader, against Delhi High Court orders that stayed his discharge in a murder case and directed him to surrender. The case involved the 2021 murder of former National Conference MLC Trilochan Singh Wazir, in which Sudershan Singh Wazir was accused.
The trial court had discharged him on October 26, 2023, ordering his release on a personal bond of Rs. 25,000 with one surety of the same amount. However, the Delhi High Court later stayed the discharge order ex-parte and directed his custody, prompting the appeal to the Supreme Court.
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Supreme Court's Final Verdict:
- The ex-parte stay on discharge was quashed, as it was granted without hearing the accused.
- The Supreme Court ruled that Wazir should remain on bail pending the revision application’s resolution.
- The High Court was directed to decide the revision application independently without being influenced by the Supreme Court’s observations.
- Wazir was instructed to furnish a fresh bail bond under Section 390 CrPC as his previous bond may have expired.
- The High Court was advised to prioritize the disposal of the revision application.
Case no. – Crl.A. No. 536-537/2025
Case Title – Sudershan Singh Wazir v. State (NCT of Delhi) and Ors.
