NEW DELHI: In a big relief to AAP leader and former Deputy Chief Minister, Manish Sisodia, the Supreme Court on Friday granted him bail in corruption and money laundering cases linked to the alleged Delhi liquor policy scam being investigated by the CBI and the ED.
Sisodia was arrested on February 26, 2023.
A bench of Justices B R Gavai and K V Vishwanathan granted him relief in the two cases, saying the delay in the trial and long incarceration is valid ground to grant him bail in money laundering cases despite stringent twin conditions mentioned in PMLA.
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The court, while rejecting the trial court's finding that Sisodia was also responsible for delaying the trial, said that bail can't be rejected as a punishment.
The bench noted that the delay in trial and prolonged incarceration affected the petitioner's right to liberty under Article 21 of the Constitution.
The bench said it is 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 recorded only 13 and 14 applications were filed by him in CBI and ED matters respectively.
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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.
After the pronouncement of the order by Justice Gavai, Additional Solicitor General S V Raju asked the court to impose conditions like he should visit Delhi secretariat. The bench, however, declined the plea.
