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"Bail cannot be rejected as a punishment...high time courts realise that bail is the rule and jail is the exception..", top court has said
In a big relief to Aam Aadmi Party leader Manish Sisodia, the supreme court has granted him bail today after he being behind bars for over 17 months.
A division bench of Justices BR Gavai and KV Vishwanathan has held Sisodia cannot be held responsible for DELAYING TRIAL. and has been deprived of his right to speedy trial.
Sisodia has been directed to surrender his passport and report to the IO's officer every Monday. He is also to furnish a bail bond of 10 lakhs and not influence any witnesses.
Two days back, the Supreme Court had reserved its orders in the bail applications filed by Aam Aadmi Party leader Manish Sisodia, in the money laundering and corruption cases registered against him by Enforcement Directorate and Central Bureau of Investigation in connection with liquor policy scam.
It is to be noted that ASG Raju had told the bench that Sisodia's trial would have commenced way back if it was not for the numerous applications filed by him. "This is what a defence lawyer does..these are just delay tactics, they don't want the trial to start...It is very difficult for the investigating agency to investigate if they are misled. Its a herculean task..trial court could not proceed with the framing of the charge..this was done despite this court's direction that this is not the stage to look at unrelied documents..", ASG had added.
Court was further told that in November 2023, an application was field to expedite the trial irrespective of the fact that the prosecution would "sink or sail on the relied documents on the stage of charge".
On July 16, top court had issued notice in the bail applications filed by Sisodia in the money laundering and corruption cases registered against him by Enforcement Directorate and Central Bureau of Investigation.
Earlier, CJI DY Chandrachud led bench had said that it would reconsider Sisodia's bail plea who is accused in the liquor excise policy scam after on June 4th, a bench of Justices Aravind Kumar and Sandeep Mehta had notably refused to grant bail to Sisodia.
Sisodia has approached Supreme Court against the May 21 decision of Delhi High Court denying him bail after concluding that Sisodia had gravely misused his authority and breached public trust.
The bench of Justice Swarana Kanta Sharma observed that the corruption in question originated from Sisodia's intention to create the liquor policy. The court asserted that he manipulated the policy formulation process and deviated from the recommendations of the expert committee he had set up.
In December 2023, a division bench of the Supreme Court had also dismissed the review petition filed by former Delhi Deputy Chief Minister Sisodia challenging the court's earlier order denying him bail in the Delhi excise policy scam case.
Sisodia had filed the instant review plea in November after a division bench on October 30, 2023 had refused to grant him bail. While not granting any relief to the AAP leader, a bench of Justices Sanjiv Khanna and SVN Bhatti had directed that the trial be completed by 6-8 months.
Case Title: Manish Sisodia vs. ED, Manish Sisodia vs. CBI
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