The Delhi High Court stayed an order of the Additional Sessions Judge (ASJ), Patiala House Courts, which had granted an ex parte interim stay on a bail order in favour of Uday Bhanu Chib, thereby restoring the relief granted by the Judicial Magistrate.

Justice Saurabh Banerjee was hearing a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) read with Article 227 of the Constitution, challenging the ASJ’s order dated February 28, 2026. The impugned order had stayed, till further orders, the earlier order of the Duty JMFC granting bail to the petitioner.

Senior Advocates Salman Khurshid and Siddharth Luthra, appearing for the petitioner, argued that the ASJ had misinterpreted the Supreme Court’s judgment in Parvinder Singh Khurana v. Directorate of Enforcement while granting the interim stay. It was contended that the JMFC’s order was passed on a bail application and was interlocutory in nature, and therefore not amenable to revision under Section 438 BNSS. The petitioner also argued that the ASJ’s order merely stated that it was a “rare and very exceptional case” without specifying reasons.

Opposing the plea, the Additional Solicitor General submitted that the ASJ had only granted an interim stay pending further consideration and had not finally decided the matter. It was argued that an ex parte interim order need not contain detailed reasoning.

The High Court, without delving into the merits, observed that the ASJ’s order prima facie recorded that the case was “rare and very exceptional” but did not explain the basis for such a finding. In view of this, the Court stayed the ASJ’s order dated February 28, 2026. Consequently, the JMFC’s bail order stands revived and the petitioner is free to proceed in accordance with law.

Notice was issued in the matter, and the State has been granted two weeks to file a status report. The case has been listed for further hearing on April 1, 2026.

Appearances: 

For the Petitioner: Mr. Salman Khurshid, Sr. Adv., Mr. Siddharth Luthra, Sr. Adv. with Mr. Roopesh Singh Bhadauria, Mr. Sulaiman, Mohd. Khan, Mr. K.C. Mittal, Ms. Anya Singh, Mr. Taiba Khan, Ms. Chitman Godara, Mr. Sumit Rawat, Mr. Keshav Negi, Mr. Litesh Batra, Mr. Prakhar Vashistha, Mr. Bhanu Malhotra, Mr. Vivek Punia, Mr. Rishabh Atri, Ms. Ria Yadav, Ms. Rushika Patil, Mr. Rishav Ranjan, Mr. Virendra Vashishtha, Mr. Akshay Lakgra and Mr. Ujwal Ghai, Advs.
For the Respondent: Mr. D.P. Singh, ASG (Through VC) with Mr. Sanjay Lao, SC Mr. Raghuinder Verma, APP for the State alongwith Insp. Pankaj Malik.