A Bench of Justices BR Gavai and KV Viswanathan granted the former Delhi Deputy Chief Minister bail in cases registered by both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).
“Appeal allowed. Delhi High Court order is quashed and set aside. He is granted bail in both ED and CBI cases,” the Court ordered.
Bail was allowed subject to ₹2 lakh bail bonds.
Sisodia also has surrender his passport to and report to police station, as bail conditions.
The Court allowed the plea after noting that the prolonged delay in trial has violated the right to speedy trial of Sisodia and right to speedy trial is a facet of liberty.
“Sisodia has been deprived of the right to speedy trial Right to speedy trial is a sacrosanct right. Recently in Javed Gulam Nabi Shaikh case we dealt with this angle and we noted that when court, state or agency cannot protect the right to speedy trial, then bail cannot be opposed saying that crime is serious. Article 21 applies irrespective of the nature of the crime,” the Bench held.
It said that there is no remote possibility of completion of trial within time and keeping him behind bars for the purpose of completion of trial will be nothing but a violation of Article 21.
“Sisodia has deep roots in society and he cannot flee away or face trial Regarding tampering evidence, case largely depends on documentation and thus it is all seized and no chance of tampering,” the Court further said while allowing bail.
The Bench further said that triple text for grant of bail to accused under the Prevention of Money Laundering Act will not apply to the present bail plea since the plea is based on delay in trial.
“We have noted judgments where it says in period of long incarceration bail can be granted. The triple test is not applicable in the present case,” the Court said.
The Court also turned down the ED’s argument that the delay in trial was due to various applications filed by Sisodia himself before the trial court.
“Perusal of compliance report by Assistant Director of ED shows that it will show 70 to 80 days to prepare one copy of the clone of the unrelied data. Though various applications were filed by several accused, but he filed only 13 applications in CBI case and 14 applications in ED case. All applications allowed by trial court,” the apex court noted.
However, the trial court had observed that the applications by Sisodia had caused delay in trial.
But the Supreme Court found that the said conclusion by trial court was incorrect.
“When we asked Additional Solicitor General to show any application which was noted as frivolous by trial court it was not shown. Thus the observation by the trial court that Sisodia has delayed trial is incorrect and rejected,” the top court held.
The Court also said that it will not relegate Sisodia to trail court or High Court since the apex court while rejecting his earlier bail plea, had granted liberty to Sisodia to approach the top court for bail after filing of chargesheet
“Initially the order dated June 4 has been considered. We have observed that when Sisodia approached this court a period of 7 months had lapsed from the first order of this court. However, Supreme Court took note of fact that chargesheet shall be filed and trial would commence. Liberty was given to revive the plea after filing of chargesheet. Now relegating Sisodia to trial court and then High Court will be like playing a game of snake and ladder,” the Court said in its order.
It will be travesty of justice to note that he has to be relegated to trial court again.
“Procedures cannot be made a mistress of justice. In our view the liberty reserved will have to be construed as liberty to revive the petition after filing of chargesheet. Thus we do not entertain the preliminary objection and is this rejected,” the Court stated.
Source: Barandbench
