SC Grants Bail To AAP Leader Manish Sisodia In Delhi Excise Policy Cases

The Supreme Court on Friday granted bail to former Delhi Deputy Chief Minister Manish Sisodia in connection with the Delhi excise policy scam cases.

Sisodia was first arrested by the Central Bureau of Investigation (CBI) on February 26, 2023, for his alleged role in irregularities related to the formulation and implementation of the now-scrapped Delhi excise policy for 2021-22. Subsequently, on March 9, 2023, the Enforcement Directorate (ED) also arrested him in a money laundering case connected to the CBI's FIR.

The apex court asked him to furnish Rs 2 lakh as bail bonds while directing him to surrender his passport.

The Court noted the delay in the trial stating that it has infringed upon Sisodia's right to a speedy trial, which is an essential aspect of liberty under Article 21 of the Constitution.

"Sisodia has 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 Bar and Bench website quoted the court as saying.

The Bench further noted that there is little chance of the trial being completed, and keeping Sisodia in custody for the duration of the trial would amount to a violation of Article 21. "Sisodia has deep roots in society and he cannot flee away or face trial Regarding tampering evidence, case largely depends on documentation and thus it is all seized and no chance of tampering," the Court further said while allowing bail.

"We have reviewed judgments indicating that in cases of prolonged incarceration, bail can be granted. The triple test does not apply in this case," the Court added.

On February 28, 2023, Sisodia resigned from his position in the Delhi cabinet.

Sisodia, who has been in custody for 17 months, sought bail, arguing that the trial against him has yet to commence. However, both the ED and CBI opposed his bail requests.

During the hearings, the Supreme Court questioned the investigative agencies on the potential timeline for concluding the trial. The court noted that there were a total of 493 witnesses across both cases and inquired about the duration required to complete the trial.

The law officer representing the agencies stated that there were eight key witnesses in each case and disputed Sisodia's claim that the delay was due to the investigative agencies.

On July 16, the Supreme Court agreed to hear Sisodia's bail pleas and requested responses from the CBI and ED. Prior to this, Sisodia had approached the apex court after the Delhi High Court dismissed his bail pleas on May 21, and a trial court rejected his bail applications on April 30, PTI reported.