Manish Sisodia gets bail from Supreme Court in Delhi liquor scam

New Delhi: The Supreme Court of India on Friday granted bail to AAP leader Manish Sisodia in corruption and money laundering cases linked to an alleged Delhi excise policy scam.

SC directed that Sisodia be released on bail on a personal bond of Rs 10 lakh with two sureties of like amount.

"Manish Sisodia is in custody for 17 months and trial has not yet commenced; this deprives his right to speedy trial," remarked SC.

Pronouncing the judgement, Justice Gavai said, "After considering, we have observed that when petitioner approached in second round and order was passed on 4 June, a period of 7 months had elapsed. However, SG's statement was taken on record.

"This court had granted liberty to appellant to revive his prayer. Now relegating back to trial court would be making him play game of snakes and ladders.

"A citizen cannot be made to run from pillar to post. June 4 order recorded that it did not go into merits. This court noted assurance of SG that investigation would be completed and chargesheet would be filed before 3 july.

"It would be travesty of justice to relegate the appellant to trial Court. Liberty reserved by this court on 4 June to revive will have to be interpreted as reviving of prayer before this court. Not inclined to entertain preliminary objection.

"We have considered S. 45 PMLA objection. We have referred to oct 2023 judgment where it was said that delay in trial should be read into S.45. In view of long incarceration, rigors can be relaxed. 

"The question is whether trial court and high court have considered delay in trial. In our view, there was ignorance of this court's order.

"Trial Court rejected appellant's contention that he did not contribute to delay. However, in one para, it recorded that it would take 70-80 days to prepare one copy of digital unrelied documents.

"Present appellant only filed 14 and 13 applications in ED and CBI cases...most were for supply of missing documents...some were for inspection. All were allowed.

"When we specifically asked ASG to show any order where trial Court found any application to be frivolous, but not one was showed. We find that the finding of delay by appellant is not supported by record.

"Incarceration of 18 months...Trial not having been even commenced, appellant has been deprived of right to speedy trial...trial Court and HC ought to have given due weightage to this.

"Art 21 applies irrespective of nature of crime. Courts have forgotten that bail ought not to be withheld as punishment. Principle bail is the rule and jail an exception.

"It is high time that courts should recognise that jail is rule and bail an exception. in this case, 493 witnesses named. There is not remotest possibility that trial will conclude in recent future.

"Keeping appellant behind bars for unlimited time will deny fundamental right. Appellant is having deep roots in society. No apprehension of fleeing. Anyway conditions can be imposed.

"Insofar as tampering, most evidence is documentary. Already with ED/CBI. In the result, we ALLOW the appeals. Delhi High Court judgment is set aside. Appellant directed to be released.

"Appellant shall surrender passport. Shall report to IO on every Monday. Shall not attempt to influence witness."

Sisodia was arrested by the Central Bureau of Investigation (CBI) on February 26, 2023 for his alleged involvement in the purported irregularities in the formulation and implementation of the now-scrapped Delhi excise policy 2021-22.

The Enforcement Directorate (ED) arrested him in the money laundering case stemming from the CBI FIR on March 9, 2023.

He resigned from the Delhi cabinet on February 28, 2023.

Sisodia, a former deputy chief minister of Delhi, has sought bail contending that he has been in custody for 17 months and the trial against him has not yet started.

The Enforcement Directorate (ED) arrested him in the money laundering case stemming from the CBI FIR on March 9, 2023

During the arguments in the matter, the apex court had asked the CBI and ED where they see the "end of the tunnel" in these cases.

The top court had said that there were total 493 witnesses in both the cases and asked the probe agencies how long it would take it to conclude the trial.

The law officer appearing for the probe agencies had said there were eight important witnesses in each of the case lodged by the CBI and the ED.

The law officer had said Sisodia's claim that delay in these cases was attributable to the probe agencies was not correct.

The apex court had on July 16 agreed to hear Sisodia's pleas and sought responses from the CBI and the ED.

Sisodia had earlier moved the apex court challenging the Delhi High Court's May 21 order dismissing his bail pleas.

He had challenged in the high court a trial court's April 30 order rejecting his bail applications in the two cases.