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Kejriwal Granted Interim Bail, Sisodia's Is Still Uncertain - Here's Why

In a significant development, Delhi Chief Minister Arvind Kejriwal has been granted interim bail by the Supreme Court in a case related to the Prevention of Money Laundering Act (PMLA) concerning the liquor policy.

On the other hand, the chances of Manish Sisodia's bail looks gloomy due to the various reasons. As of now SC has postponed his the hearing for Soisodia underscoring the intricate and continuing legal proceedings.

Kejriwal Granted Interim Bail Sisodia s Is Still Uncertain - Here s Why

SC Grants Interim Bail To Kejriwal

The court, comprising Justices Sanjiv Khanna and Dipankar Datta, referred Kejriwal's petition challenging his arrest by the Enforcement Directorate (ED) to a larger bench. The decision to grant interim bail was based on considerations of Kejriwal's prolonged incarceration and the need for further deliberation on legal grounds surrounding arrests under Section 19 of the PMLA, as reported by Hindustan Times.

Kejriwal, who has been in custody since his arrest by the Central Bureau of Investigation (CBI) under the Prevention of Corruption Act in connection with the same liquor policy case on June 25, will continue to remain in custody despite the interim bail granted by the Supreme Court. The bench emphasized the importance of addressing questions regarding the necessity and proportionality of arrests under the PMLA, highlighting that mere interrogation does not justify arrest under Section 19.

The Supreme Court's decision comes after a series of legal battles initiated by Kejriwal, including an unsuccessful plea in the Delhi High Court challenging his arrest by the ED earlier this year, as reported by Hindustan Times. The court's observations underscored that the interim bail does not imply a judgment on the merits of the allegations against Kejriwal, leaving the application for regular bail to be decided separately.

Meanwhile, Kejriwal faces ongoing legal challenges as he contests his arrest by the CBI and seeks bail in relation to the Liquor Policy case, with hearings scheduled in the Delhi High Court for July 17.

Supreme Court Adjourns Manish Sisodia's Bail Hearing, But Why?

The Supreme Court adjourned the hearing on former Delhi Deputy CM Manish Sisodia's bail plea in the Delhi excise policy case to the following week after Justice Sanjay Kumar recused himself due to personal reasons. Initially scheduled for July 11, the hearing began with Justice Sanjiv Khanna announcing Justice Kumar's withdrawal from the case, as reported by Live Law.

1. Recusal and Adjournment:

  • Justice Sanjay Kumar recused himself from hearing Manish Sisodia's bail plea citing personal reasons.
  • The bench comprising Justices Sanjiv Khanna, Sanjay Karol, and Sanjay Kumar decided that another bench without Justice Kumar would handle Sisodia's bail pleas.
  • Senior advocate Abhishek Singhvi, representing the Aam Aadmi Party (AAP), pressed for an urgent listing of the matter, emphasizing the need to address the pending trials in both cases.
  • The bench agreed to hear the matter on July 15 with a different configuration.

2. Previous Proceedings:

  • On June 4, the Supreme Court had declined to entertain Sisodia's bail pleas in cases filed by the CBI and ED related to the alleged Delhi liquor policy scam.
  • Sisodia had challenged the Delhi High Court's May 21 verdict, which dismissed his bail pleas, and a trial court's April 30 order rejecting bail applications.

3. Background on Charges:

  • The Supreme Court had earlier denied bail to Sisodia on October 30 of the previous year in corruption and money laundering cases linked to the scrapped Delhi excise policy.
  • Allegations included accusations of facilitating "windfall gains" amounting to Rs 338 crore for wholesale liquor dealers.
  • Sisodia was first arrested by the CBI on February 26, 2023, in connection with the liquor policy case. He was subsequently arrested by the ED on March 9, 2023, for money laundering based on the CBI's FIR.
  • He resigned from the Delhi cabinet on February 28, 2023, following his initial arrest.

4. Legal Developments and Appeals:

  • The case has seen ongoing legal battles with multiple bail pleas being filed and dismissed across various levels of the judiciary.
  • Sisodia's legal team has been actively challenging the charges and seeking relief in the form of bail, citing procedural lapses and lack of substantial evidence.
  • The Supreme Court's decision to adjourn the hearing reflects the complexity and ongoing nature of the legal proceedings surrounding Sisodia's case.
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