VidhiSangh

Supreme Court of India · 28/02/2025

SUDERSHAN SINGH WAZIR versus STATE (NCT OF DELHI) & ORS.

[2025] 2 S.C.R. 1416 · 2025 INSC 281

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Summary

In a revision against an order discharging the appellant in a murder case, the High Court stayed the discharge ex parte while issuing notice and later directed the appellant to surrender to custody. The Court held that a stay of a discharge order is a drastic measure amounting to final relief, permissible only in rare cases of ex facie perversity after hearing the accused, that under Section 390 read with Section 401 CrPC the revisional court should ordinarily direct the discharged person to furnish bail rather than commit him to custody, quashed both orders and directed the appellant to furnish bail before the Sessions Court pending the revision.

Issues

  1. Whether a High Court exercising revisional jurisdiction under Sections 397 and 401 CrPC can stay an order of discharge, and if so in what circumstances.
  2. What is the effect of an order of discharge under Section 227 CrPC on the status of the accused.
  3. Whether the power under Section 390 CrPC to arrest an acquitted accused is available in a revision against discharge, and whether the discharged person should be committed to custody or admitted to bail.
  4. Whether the ex parte stay of discharge and the consequent direction to surrender were sustainable.

Provisions considered

Held

Result

Appeals allowed. High Court orders dated 21.10.2023 (ex parte stay of discharge) and 04.11.2024 (direction to surrender) quashed; the revision to be decided uninfluenced by this judgment, with liberty to the State and complainant to seek priority. Appellant to appear before the Sessions Court within four weeks and furnish bail till disposal of the revision, with usual conditions and a condition to cooperate in its early disposal; failing compliance he is to be taken into judicial custody, and the High Court may cancel bail for non-cooperation after hearing him.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 1416.