Citing Delay, Supreme Court Orders Bail for Sisodia

On Friday, the Supreme Court granted bail to Aam Aadmi Party (AAP) leader Manish Sisodia in connection with the Delhi Excise Policy case, citing the violation of his right to a speedy trial.

A bench comprising Justices BR Gavai and KV Viswanathan granted bail to the former Delhi Deputy Chief Minister in cases filed by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). The bail was granted under the conditions that Sisodia provides a ₹2 lakh bail bond, surrenders his passport, and regularly reports to the police station.

The Supreme Court highlighted that the extended delay in the trial process has infringed upon Sisodia’s right to a speedy trial, a fundamental aspect of personal liberty. The bench pointed out that Sisodia has been in custody for 17 months, and the trial has yet to begin. It emphasized that denying him bail under these circumstances would be unjust and a violation of his rights under Article 21 of the Constitution.

The court referenced its recent ruling in the Javed Gulam Nabi Shaikh case, reiterating that when the judiciary, state, or investigative agencies fail to uphold the right to a speedy trial, bail cannot be denied solely based on the severity of the crime. The bench concluded that, given the unlikely completion of the trial within a reasonable time, continuing to detain Sisodia would be a breach of his constitutional rights, as reported by Bar and Bench.