Manish Sisodia gets bail after 17 months of jail in excise policy case

The Supreme Court of India on Friday granted bail to Delhi Deputy Chief Minister Manish Sisodia in connection with cases related to the now-scrapped Delhi excise policy. The bail was granted in cases investigated by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). Sisodia, who had been in custody for 17 months, is expected to walk out of jail following the Court's decision.

The apex court observed that Sisodia's long incarceration, coupled with the fact that the trial had not yet commenced, deprived him of his right to a speedy trial. The Court highlighted the recent precedents which assert that investigative agencies cannot oppose bail based solely on the seriousness of the offense if they are unable to ensure a swift trial.

The Supreme Court further noted the impracticality of completing the trial soon, given that it involves over 400 witnesses and thousands of documents. Keeping Sisodia in custody under such circumstances, the Court ruled, would constitute a severe violation of his fundamental right to personal liberty.

While the Court acknowledged that there were no errors in the trial court and the High Court’s assessment of the merits of the case, it found fault in their disregard for the delays in the trial.

The Supreme Court emphasized that both the trial court and the Delhi High Court should have taken into account the observations from its October 2023 judgment, which stipulated that prolonged incarceration and trial delays should be factored into consideration under Section 45 of the Prevention of Money Laundering Act.