In a significant decision, the Supreme Court of India has granted bail to former Delhi Deputy Chief Minister Manish Sisodia in the ongoing liquor policy case. The Court’s decision, delivered by a bench comprising Justices BR Gavai and KV Viswanathan, emphasised the right to bail in instances of delayed trials and prolonged custody.
The Court underscored that in situations where an accused has been incarcerated for an extended period and the trial has not progressed, the right to bail must be considered under Section 45 of the Prevention of Money Laundering Act (PMLA). This determination, however, would depend on the specific nature of the allegations against the accused.
The observation came in response to a submission by Additional Solicitor General SV Raju, who argued that Section 45 of the PMLA would hinder the grant of bail to Sisodia. Raju’s submission referenced an earlier view expressed by a bench led by Justice Sanjiv Khanna in October 2023, during Sisodia’s previous bail pleas related to the same case.
In that earlier ruling, the Supreme Court highlighted several key principles:
- The constitutional mandate is the supreme law.
- A person charged with an offence but not yet convicted has the fundamental right to a speedy trial.
- When a trial is delayed due to reasons not attributable to the accused, the Court should generally consider granting bail unless strong reasons dictate otherwise.
- These considerations are particularly relevant in cases where the trial is likely to take years to conclude.
To reinforce this position, Justices Gavai and Viswanathan cited a recent Supreme Court judgement in Ramkripal Meena v. Directorate of Enforcement. In that case, a bench led by Justices Surya Kant and Ujjal Bhuyan granted bail to the petitioner, accused of involvement in the 2021 Rajasthan Eligibility Examination for Teachers (REET) question paper leak, due to prolonged custody and the unlikelihood of a swift trial.
Applying these principles to Sisodia’s case, the Court noted that he had been in custody for approximately 17 months, with the trial yet to commence. The prolonged incarceration and delayed proceedings deprived Sisodia of his right to a speedy trial, leading the Court to grant him bail.
