An order staying the order of discharge is a very drastic order which has the effect of curtailing or taking away the liberty granted to the Accused by the discharge order. As a result of the order staying the order of discharge, the order of discharge ceases to operate, and the Sessions Court can proceed to frame charges against the Accused and try him further. Thus, the stay of the discharge order has a grave consequence of depriving an Accused of the liberty granted under the discharge order. The grant of stay to the order of discharge amounts to the grant of final relief, as the trial can proceed against him. An interim order can be granted pending disposal of the main case only if the interim order is in the aid of final relief sought in the main case. If the discharge order is ultimately set aside by grant of final relief in the revision, the Accused has to face the trial. Therefore, the order staying the order of discharge by way of interim relief cannot be said to be in the aid of final relief. {Para 13}
14. It is only in rare and exceptional cases where the order of discharge is ex-facie perverse that the revisional Court can take the extreme step of staying that order. However, such an order should be passed only after giving an opportunity of being heard to the Accused. Moreover, while granting the stay, the Court must mould the relief so that the trial does not proceed against the discharged Accused. If the trial against a discharged Accused proceeds, even before the revision application against an order of discharge is decided, the final outcome of the revision will become fait accompli.
Ratio Decidendi:
It is only in rare and exceptional cases where the order of discharge is ex-facie perverse that the revisional Court can take the extreme step of staying that order.
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 536-537 of 2025
Decided On: 28.02.2025
Sudershan Singh Wazir Vs. State (NCT of Delhi) and Ors.
Hon'ble Judges/Coram:
Abhay Shreeniwas Oka and Ujjal Bhuyan, JJ.
Author: Abhay Shreeniwas Oka, J.
Citation: 2025 INSC 281,MANU/SC/0293/2025
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