Supreme Court Sets Strict Threshold for Judicial Intervention in Bail Orders
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The Supreme Court has ruled that its extraordinary jurisdiction under Article 136 should be reserved for 'egregious' cases, discouraging the routine challenge of bail orders.
In a significant judicial development on July 22, 2026, the Supreme Court of India issued a directive aimed at curbing the frequent litigation surrounding bail orders. The Court emphasized that its discretionary jurisdiction under Article 136 of the Constitution—which allows for Special Leave Petitions (SLPs)—is an extraordinary power that should not be invoked as a matter of routine to challenge bail grants or denials.
The bench observed that the administration of justice is undermined when the apex court is flooded with petitions against bail orders that do not involve substantial questions of law or manifest perversity. By setting a high threshold, the Court clarified that interference is warranted only in 'egregious' circumstances—cases where the lower court’s order is so fundamentally flawed that it results in a miscarriage of justice or violates the basic principles of judicial discretion.
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