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Manish Sisodia verdict: Supreme Court criticises High Court, trial court for “playing it safe” in bail matters

This was the third round of bail pleas moved by Sisodia in the case, which is being probed by both the Central Bureau of Investigation (CBI) as well as the Enforcement Directorate (ED).

The case involves allegations that Delhi government officials tweaked the excise policy to benefit certain liquor sellers in exchange for bribes that were used to fund the AAP’s elections in Goa.

In the two earlier rounds of bail litigation, the top court had refused to grant Sisodia bail after taking note of assurances that a chargesheet would be filed soon in the case.

It, however, granted liberty to Sisodia to approach the Supreme Court again if the trial moves slowly and once the chargesheet is filed.

Sisodia filed his third bail plea before the Supreme Court after a chargesheet was filed. The top court today said that it would not ask Sisodia to go back to the trial court once again to seek bail.

“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 … 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,” the Supreme Court said.

After concluding that the trial against Sisodia is unlikely to be completed soon, the Court granted him bail.

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 … Regarding tampering evidence, case largely depends on documentation and thus it is all seized and no chance of tampering,” the Court reasoned.

Source: Barandbench

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