Aam Aadmi Party leader Manish Sisodia.
Credit: PTI Photo
New Delhi: The Supreme Court on Friday granted bail to former Delhi Deputy Chief Minister and AAP leader Manish Sisodia in both CBI and ED cases in the alleged liquor policy 'scam', after having noted that the delay in trial and prolonged incarceration have affected his right to liberty under Article 21 of the Constitution.
A bench of Justices B R Gavai and K V Vishwanathan said that it was high time for the High Court and trial court to realise the principle of bail being a rule and jail an exception.
The court said the bail can't be rejected as punishment in case of delay in trial, as it rejected a contention that Sisodia was also responsible for filing application seeking various documents before the trial court. It noted only 13 and 14 applications were filed by him in CBI and ED matters respectively. "As observed time and again, prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial," the bench said while describing Sisodia as a man with “deep roots in society”.
With the apex court granting him bail in both cases, Sisodia is likely to come out of jail today after furnishing bail bond of Rs 10 lakh along with two sureties of a like amount. Listing the conditions for his bail, the judges said he will have to surrender his passport to the special trial court and not make any attempt to either influence witnesses or tamper with evidence. Besides, he will have to report to the investigating officer every Monday and Thursday between 10-11 am.
The bench said Sisodia has been deprived of his right to speedy trial which is sacrosanct. Such a right can't be denied on the basis of severity of the crime, it said, adding Article 21 is applied irrespective of the nature of crime.
Over a period of time, the court had observed that trial courts and high courts have forgotten a very well-settled principle of law that bail is not to be withheld as a punishment, the bench said while referring to earlier judgments. "From our experience, we can say that it appears that the trial courts and the high courts attempt to play safe in matters of grant of bail. The principle that bail is a rule and refusal is an exception is, at times, followed in breach," it said. The bench said on account of non-grant of bail even in straightforward open and shut cases, the apex court is flooded with a huge number of bail petitions. This adds to the huge pendency.
Sisodia was arrested in the case on February 26, 2023. He sought bail in cases filed by the CBI and the ED.
After the pronouncement of the order, Additional Solicitor General S V Raju for the CBI and the ED asked the court to impose conditions like he should visit Delhi secretariat. The bench, however, declined the plea.
(With PTI inputs)