AAP's Manish Sisodia walks free after 17 months as SC gives bail
4 months, 2 weeks ago

AAP's Manish Sisodia walks free after 17 months as SC gives bail

Hindustan Times  

The Supreme Court on Friday granted bail to former Delhi deputy chief minister Manish Sisodia in the Delhi excise policy cases probed by the Central Bureau of Investigation and the Enforcement Directorate holding that his long incarceration of 17 months coupled with his continued detention in a case where there is no hope of trial ending anytime soon impinge on his fundamental right to liberty and speedy trial under Article 21 of Constitution of India. Video: AAP's Atishi breaks down as Manish Sisodia gets bail after 17 months Setting aside the May 21 order of the Delhi high court which denied him bail, a bench headed by justice BR Gavai noted a disturbing trend among high courts and trial courts to “play safe” in matters of bail as the principle “bail is rule and jail is exception” is hardly being followed. The bench said that delay in holding trial despite Sisodia being in jail for 17 months was a factor that ought to have been considered by the lower courts : “In our view, keeping the appellant behind the bars for an unlimited period of time in the hope of speedy completion of trial would deprive his fundamental right to liberty under Article 21 of the Constitution.” With over 493 witnesses listed by both ED and CBI and around 69,000 documents to be examined during trial, the bench said, “ there is not even the remotest possibility of the trial being concluded in the near future”. The order further said, “It is high time that the trial courts and the high courts should recognize the principle that bail is rule and jail is exception.” Read Here: Ruling on Sisodia calls for judicial reforms in bail process To be sure, this was the third bail plea moved by Sisodia before the top court.

History of this topic

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