VidhiSangh

Supreme Court of India · 09/08/2024

MANISH SISODIA versus DIRECTORATE OF ENFORCEMENT

[2024] 8 S.C.R. 1061 · 2024 INSC 595

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Summary

The Supreme Court granted bail to a former Deputy Chief Minister of Delhi in the CBI and ED cases over the Delhi Excise Policy 2021-22. About 17 months in custody with the trial not yet begun, 493 witnesses and voluminous documents, had denied him his Article 21 right to a speedy trial. The Court held that this right is read into Section 45 PMLA and Section 439 CrPC, rejected the objection that he had to restart at the trial court, and found the record did not show he caused the delay.

Issues

  1. Whether the appellant could renew his challenge to the High Court's bail order directly in the Supreme Court under the liberty reserved by its order of 4 June 2024, or had to approach the trial court afresh.
  2. Whether the twin conditions of Section 45 PMLA barred bail where prolonged incarceration and delay in trial infringed the right to a speedy trial.
  3. Whether the appellant was responsible for the delay in the trial through applications for documents.
  4. Whether the appellant was entitled to bail in the CBI and ED cases.

Provisions considered

Held

Result

Appeals allowed; High Court order of 21 May 2024 set aside; appellant released on bail in both the ED and CBI cases on a bond of Rs.10,00,000 with two sureties of like amount, subject to surrendering his passport to the Special Court, reporting to the Investigating Officer every Monday and Thursday between 10 and 11 am, and not attempting to influence witnesses or tamper with evidence.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 1061.