Supreme Court Grants Bail to Manish Sisodia, Emphasizes ‘Bail is the Rule, Jail is the Exception’

Highlighting that AAP leader Manish Sisodia has strong community ties and poses no flight risk, the Supreme Court granted him bail on Friday, noting the lengthy nature of the ongoing trial. With 493 witnesses and over a lakh pages of digitized documents, the court acknowledged that the trial would take considerable time to conclude.

The Supreme Court stressed the importance of recognizing that “bail is the rule, and jail is the exception,” a principle that it believes has been overlooked in lower courts.

“It is high time that the trial courts and the High Courts recognize the principle that bail is the rule and jail is the exception,” the court reiterated.

“In this case, both the ED and CBI matters involve 493 witnesses and an extensive amount of documentation. Given the volume of material, it is clear that there is no immediate possibility of the trial concluding. Keeping the appellant in custody indefinitely in the hopes of a speedy trial would violate his fundamental right to liberty under Article 21 of the Constitution,” the court stated.

The bench, consisting of Justices BR Gavai and KV Viswanathan, highlighted that Sisodia had already been in custody for an extended period, infringing upon his right to a speedy trial. The court further imposed conditions for bail, including the submission of bail bonds worth Rs 10 lakh, the surrender of his passport, and regular reporting to the Investigating Officer.

While granting bail, the court took into account Sisodia’s deep roots in society and the minimal risk of him fleeing the country. The court also criticized the tendency of lower courts to deny bail as a form of punishment, emphasizing that the right to a fair trial and liberty must be upheld.

“In the present case, the appellant (Sisodia) is deeply rooted in society. There is no likelihood of him fleeing the country and evading trial. Conditions can be imposed to address any concerns the State might have,” the court observed.

The Supreme Court also noted that both the trial and High Courts have forgotten the well-established legal principle that bail should not be withheld as a punitive measure.

“The trial courts and High Courts sometimes attempt to play it safe regarding bail, often resulting in denial even in straightforward cases. This has led to a flood of bail petitions in this Court, adding to the already massive caseload. It is high time that the principle that ‘bail is the rule and jail is the exception’ is recognized,” the court emphasized.

Sisodia was arrested by the CBI in February 2023 for alleged irregularities in Delhi’s now-scrapped new excise policy. Despite the policy’s withdrawal amid allegations of misconduct, Sisodia remains in judicial custody. The CBI claims that Sisodia played a crucial role in the criminal conspiracy and was deeply involved in the policy’s formulation and implementation to achieve the conspiracy’s objectives.