In a notable decision, the Supreme Court has granted bail to Manish Sisodia, former Delhi Deputy Chief Minister and Aam Aadmi Party leader, in connection with the liquor policy case. The Court approved Sisodia's bail applications in both the CBI and ED cases, taking into account the delay in initiating the trial related to the liquor policy.
"We find that on account of long incarceration running around 17 months and trial having not been commenced, the appellant has been deprived of the right to speedy trial...," the Court observed.
The Court referenced recent precedents, which establish that investigating agencies cannot oppose bail solely based on the seriousness of the offense if they are unable to guarantee a prompt trial.
The Court observed that with 495 witnesses and thousands of documents spanning lakhs of pages, there is "not even a remotest possibility" of the trial concluding in the near future. It highlighted that detaining Sisodia indefinitely while awaiting the trial's completion would constitute a severe infringement of his fundamental right to personal liberty under Article 21.
The Court stated that the appellant has "deep roots in the society," indicating that he poses no flight risk. It also noted that most of the evidence in the case is documentary and already collected, reducing the likelihood of tampering. Regarding concerns about influencing or intimidating witnesses, the Court mentioned that conditions could be imposed to address these concerns.
The Court also indicated that it would not require Sisodia to return to the trial court or High Court for bail, given that the apex court had previously granted him the liberty to seek bail directly from it after the filing of the chargesheet.
"Initially the order dated June 4 has been considered. We have observed that when Sisodia approached this court a period of 7 months had lapsed from the first order of this court. However, Supreme Court took note of fact that chargesheet shall be filed and trial would commence. Liberty was given to revive the plea after filing of chargesheet. Now relegating Sisodia to trial court and then High Court will be like playing a game of snake and ladder," the Court said in its order.
The Supreme Court made it clear that it would be a travesty of justice to require Sisodia to return to the trial court for bail.
"Procedures cannot be made a mistress of justice. In our view the liberty reserved will have to be construed as liberty to revive the petition after filing of chargesheet. Thus we do not entertain the preliminary objection and is this rejected," the Court stated.
Before the apex court, Senior Advocates Abhishek Manu Singhvi and Vikram Chaudhari along with advocates Vivek Jain, Mohd Irshad, Amit Bhandari, Karan Sharma, Rajat Jain, Sadiq Noor, Mohit Siwach and Shailesh Chauhan appeared for Manish Sisodia.
Additional Solicitor General SV Raju and advocates Zoheb Hussain, Annam Venkatesh, Vivek Gaurav, Hitarth Raja, Abhipriya, Sweta Desai, Aakriti Mishra, Arvind Kumar Sharma and Mukesh Kumar Maroria appeared for the ED and the CBI.
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