New Delhi: The Supreme Court has granted bail to former Delhi Deputy Chief Minister and AAP leader Manish Sisodia in both the Enforcement Directorate and CBI cases related to the Excise Policy.
The bench of Justices B.R. Gavai and K.V. Viswanathan ordered Sisodia to be released on payment of ₹10 lakh in bail bonds, with conditions such as surrendering his passport, reporting to the police station every Monday, and not tampering with evidence or influencing witnesses while out on bail.
Supreme Court's Verdict On Sisodia
On the day the judgement was reserved, the bench pointed out an apparent inconsistency in the ED's positions. The ED claimed that the trial could have started if Sisodia had not delayed it by filing unnecessary applications, but at the same time, it requested time until July 3, 2024, to gather data and file a final chargesheet/prosecution complaint.
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Official Statement
Justice Viswanathan observed, "The last chargesheet comes on 28th June...then you tell the Supreme Court we are in the process of filing supplementary...this means that even you felt unless all chargesheets were filed...trial can't start...Now to say that you could have proceeded and they delayed...some inconsistency is there."
The judge also asked the ED to realistically state when the trial could be expected to begin and end. In response, ASG Raju stated that the agencies would like to examine at least 8 witnesses each before (and if) Sisodia was permitted to be released, as there was apprehension of his influencing witnesses.
Brief History Of Sisodia VS ED & CBI Case
The AAP leader was arrested by the CBI on February 26, 2023, for his alleged role in the "scam," and the ED arrested him in a money-laundering case originating from the CBI First Information Report on March 9, 2023. The Delhi High Court had rejected his bail application on May 21, and a Vacation Bench of the apex court of Justices Aravind Kumar and Sandeep Mehta had also refused bail to Sisodia on June 4. However, the Bench gave the AAP leader liberty to revive his plea for bail afresh as soon as the final charge sheet and prosecution complaint had been filed by the CBI and ED, respectively, in the case.
The Supreme Court noted that there is "not even a remotest possibility of trial being completed" in the near future considering the 495 witnesses and thousands of documents running into lakhs of pages. To keep Sisodia under custody for an unlimited period of time in the hope of a speedy completion of the trial would result in a grave violation of the fundamental right to personal liberty under Article 21.
Dismissed Appeals For Bail
Sisodia, a prominent lawyer, has been facing multiple legal challenges in the CBI and ED cases. The Delhi High Court dismissed his second bail plea in May, citing a misuse of power and breach of trust. The Supreme Court dismissed another set of bail pleas in October, but Sisodia continued to face challenges. In June, the Supreme Court dismissed his previous petitions and granted him liberty to revive his bail after the final charge sheet and prosecution complaint were filed.
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