Bench noted that courts deprived him right to a speedy trial
On Friday, the Supreme Court granted bail to Aam Aadmi Party (AAP) leader and former Delhi minister Manish Sisodia in both the ED and CBI cases involving the alleged excise policy fraud. A bench of Justices BR Gavai and KV Viswanathan noted that Sisodia had been in prison for 17 months and claimed that the trial court and High Court deprived him of his right to a speedy trial.
“We find that on account of a long incarceration running around 17 months and trial having not been commenced, the appellant (Sisodia) has been deprived of the right to speedy trial,” the judge said.
The highest court emphasised the importance of the right to a fast trial, saying the trial court and the High Court should have given it appropriate weight. Previously, both the trial court and the Delhi High Court refused Sisodia’s bail application.
“Courts have forgotten that bail should not be denied as punishment. The concept is that bail is the rule, while jail is the exception. In this instance, 493 witnesses have been identified. The trial is unlikely to be completed in the near future, according to the Supreme Court.
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Sisodia second AAP leader after Sanjay Singh to be granted bail
Sisodia is the second AAP leader after Sanjay Singh to be granted bail in the excise policy issue. The Supreme Court has granted Delhi Chief Minister Arvind Kejriwal temporary bail in the ED case. However, he is being held in the CBI case.
Justice Gavai declared that it would be against Article 21 to keep Sisodia incarcerated until the trial was over.
“Sisodia is deeply rooted in society, and he cannot run or face justice. The case is heavily reliant on documents, thus everything is all seized and there is no possibility of tampering,” the court added when granting bail.
The court also rejected the ED and CBI’s proposal that Sisodia seek the trial court for bail, stating it would be like forcing him to play “snake and ladder”.
Sisodia must submit a bail bond of Rs 10 lakh. As part of his bail conditions, he must relinquish his passport and go to the police station every Monday. However, the Supreme Court allowed Sisodia to enter the Delhi Secretariat after rejecting the CBI and ED’s oral request that the AAP leader be prevented from doing official responsibilities.
