Manish Sisodia Granted Bail On 4 Conditions In Delhi Liquor Policy Case. What Supreme Court Said

The Supreme Court granted bail to AAP's Manish Sisodia in corruption and money laundering cases, emphasizing the right to a speedy trial.

Manish Sisodia has been in jail for nearly 18 months (Image: PTI)

Source : PTI

The Supreme Court, on Friday, granted bail to Aam Aadmi Party (AAP) leader and former Delhi Deputy Chief Minister Manish Sisodia in the corruption and money laundering cases related to the alleged Delhi excise policy scam. The bench, comprising Justices BR Gavai and KV Viswanathan, noted that Sisodia has been in custody for 17 months and trial has not yet commenced, depriving him of the right to speedy trial.

“It would be a travesty of justice to relegate him to the trial court for seeking bail in these cases," the bench said emphasizing that the principle of bail as a rule should be recognised by trial courts and high courts.

"Appeal allowed. Delhi High Court order is quashed and set aside. He is granted bail in both ED and CBI cases," the court ordered.

Conditions Of Manish Sisodia’s Bail:

• As per the conditions of his bail, Sisodia must furnish a bail bond of Rs 10 lakh with two sureties.
• The AAP leader must also surrender his passport to the police station.
• He has also been asked to report to the investigating officer twice a week – on Mondays and Thursdays.
• Further, the court refrained the leader from attempting to influence witnesses or tamper with evidence.

Manish Sisodia Bail: What Did the Supreme Court Say?

The court noted that Sisodia had been deprived of the right to speedy trial. "Right to speedy trial is a sacrosanct right. Recently in Javed Gulam Nabi Shaikh case, we dealt with this angle and we noted that when court, state or agency cannot protect the right to speedy trial, then bail cannot be opposed saying that crime is serious. Article 21 applies irrespective of the nature of the crime," the Bench held, as per a Bar and Bench report.

Apex court noted that there is no remote possibility of completion of trial within time and keeping the AAP leader behind bars for the purpose of completion of trial will be a violation of Article 21. "Sisodia has deep roots in society and he cannot flee. Regarding tampering evidence, case largely depends on documentation and thus it is all seized and there no chance of tampering," the Court said granting him bail.

Noting that High Courts and trial courts appear to be "playing it safe" while routinely denying bail in criminal cases, the court said, “It is high time that the trial courts and high courts recognise that the principle of bail is a rule and jail is an exception.”

The top court also turned down the ED's argument that the delay in trial was due to various applications filed by Sisodia himself before the trial court.

"Perusal of compliance report by Assistant Director of ED shows that it will show 70 to 80 days to prepare one copy of the clone of the unrelied data. Though various applications were filed by several accused, but he filed only 13 applications in CBI case and 14 applications in ED case. All applications allowed by trial court," the bench said. 

ED's request to bar the AAP leader from the Delhi Secretariat, like Chief Minister Arvind Kejriwal was barred from entering CM office, was also turned down by the top court.