• durgesh dubey
• 09 Aug, 2024

Manish Sisodia

India's Supreme Court has granted bail to former Delhi Deputy Chief Minister and former Education Minister Manish Sisodia in connection with the alleged liquor policy scam in Delhi. Sisodia, who was arrested on February 26, 2023, has been in jail since then and will be released after 530 days. However, his bail comes with several conditions to prevent him from fleeing abroad or tampering with evidence, which could affect the ongoing investigations by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI).

The primary condition of his bail is that Sisodia must surrender his passport, which will prevent him from traveling abroad. He is also required to stay away from witnesses and evidence related to the liquor policy scam. The court has instructed Sisodia to provide a bail bond of ₹10 lakh with two sureties and to appear before the investigating officer between 10 to 11 am on Mondays and Thursdays. Additionally, the court has mandated that Sisodia will not attempt to influence witnesses or tamper with evidence.

In its ruling, the Supreme Court remarked that both the trial court and the High Court had overlooked a well-established legal principle that bail should not be denied as a form of punishment. The Court criticized the lower courts for attempting to play it safe in bail matters and emphasized that bail is the rule and denial is the exception. It noted that the case involves numerous witnesses and extensive documentation, making a swift trial unlikely.

The Court observed that keeping Sisodia in jail indefinitely while awaiting trial would deprive him of his fundamental right to freedom under Article 21 of the Constitution. The Court also pointed out that long-term incarceration without conviction should not be equated with punishment.

Manish Sisodia has strong social ties and there is no significant risk of him fleeing. To address concerns about evidence tampering, the Court acknowledged that the case relies heavily on documentary evidence already seized by the prosecution. To mitigate concerns about influencing witnesses, stringent conditions were imposed.