Delhi excise policy scam: SC grants bail to AAP leader Manish Sisodia

The Supreme Court on Friday granted bail to Aam Aadmi Party AAP leader Manish Sisodia in the corruption and money laundering cases linked to the alleged Delhi excise policy scam noting that he has been in custody for 17 months reported news agency PTIA bench of Justices B R Gavai and K V Viswanathan said in a scathing verdict it is high time trial courts and high courts recognise the principle that bail is rule and jail is exception reported PTIAs 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 reported PTIThe former Delhi deputy chief minister was arrested by both the Central Bureau of Investigation CBI and the Enforcement Directorate ED in corruption and money laundering cases linked to the alleged Delhi excise policy scamWith 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 amountListing 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 1011 amWe find that on account of a long period of incarceration running for around 17 months and the trial even not having been commenced the appellant Sisodia has been deprived of his right to speedy trial the bench said reported PTIAs observed by this court the right to speedy trial and the right to liberty are sacrosanct rights On denial of these rights the trial court as well as the high court ought to have given due weightage to this factor it said reported PTIOver a period of time the court had observed that trial courts and high courts have forgotten a very wellsettled principle of law that bail is not to be withheld as a punishment the bench said while referring to earlier judgmentsFrom 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 reported PTIThe bench said on account of nongrant 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 pendencyKeeping Sisodia behind bars for an unlimited period of time in the hope of speedy completion of trial would deprive his fundamental right to liberty under Article 21 of the Constitution the judges said reported PTIIn the present case the appellant Sisodia is having deep roots in society There is no possibility of him fleeing from the country and not being available for facing the trial In any case conditions can be imposed to address the concern of the state it saidThe bench set aside the May 21 verdict of the Delhi High Court which had dismissed Sisodias pleas seeking bail in both these casesSisodia had sought bail contending that he has been in custody for 17 months and the trial against him has not yet started The ED and the CBI had opposed his bail pleas He was nabbed by the CBI on February 26 2023 for purported irregularities in the formulation and implementation of the now scrapped Delhi excise policy 202122The following month the 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 2023With inputs from PTI