Delhi Liquor Policy Scam Case: Supreme Court grants bail to Manish Sisodia

Today (August 09, 2024), the Supreme Court (SC) of India granted bail to former Delhi Deputy Chief Minister and Aam Aadmi Party Leader Manish Sisodia in connection with the Delhi liquor policy scam case. The SC bench granted him bail in both cases registered by the ED (Enforcement Directorate) and the CBI (Central Bureau of Investigation). The bench of Justice BR Gavai and Justice KV Viswanathan observed, “We 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 has been deprived of his right to speedy trial.” It added, “...this Court had granted liberty to the appellant to revive his prayer after filing of the chargesheet. Now, relegating the appellant to again approach the trial court and thereafter the High Court and only thereafter this Court, in our view, would be making him play a game of Snake and Ladder.” While allowing bail to Manish Sisodia, the SC opined, “the appellant is having deep roots in the society. There is no possibility of him fleeing away from the country and not being available for facing the trial.” Moreover, the bench while considering the apprehension given by the learned Additional Solicitor General about the possibility of tampering with the evidence,  said, “the case largely depends on documentary evidence which is already seized by the prosecution. As such, there is no possibility of tampering with the evidence.” 

While allowing Manish Sisodia’s bail plea, the SC lamented that the country’s Trial Courts and High Courts have forgotten the principle, ‘bail is the rule, jail is an exception’. It said, “From 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. On account of non-grant of bail even in straight forward open and shut cases, this Court is flooded with huge number of bail petitions thereby adding to the huge pendency. It is high time that the trial courts and the High Courts should recognize the principle that bail is rule and jail is exception.” It also reiterated that bail is not to be withheld as punishment. The bench observed, “In the present case, in the ED matter as well as the CBI matter, 493 witnesses have been named. The case involves thousands of pages of documents and over a lakh pages of digitized documents. It is thus clear that there is not even the remotest possibility of the trial being concluded in the near future. In our view, keeping the appellant behind the 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. As observed time and again, the prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial.” 

Earlier on August 06, the Supreme Court reserved its order on Manish Sisodia’s bail plea. Today, the SC bench delivered the judgment concluding the same by passing the following order:

• “The appeals are allowed;
• The impugned judgment and order dated 21st May 2024 passed by the High Court of Delhi in Bail Application…is quashed and set aside;
• The appellant is directed to be released on bail in connection with ED Case…registered against the appellant by the ED and FIR…registered against the appellant by the CBI on furnishing bail bonds for a sum of Rs.10,00,000/- with two sureties of the like amount;
• The appellant shall surrender his passport with the Special Court;
• The appellant shall report to the Investigating Officer on every Monday and Thursday between 10-11 AM; and
• The appellant shall not make any attempt either to influence the witnesses or to tamper with the evidence.”