The recent Supreme Court of India’s decision to grant bail to Delhi Deputy Chief Minister Manish Sisodia underscores a crucial principle: bail should not be used as a form of punishment. The core principle of bail law is straightforward: bail is generally granted, particularly in cases primarily based on documentary evidence. Bail should only be denied if the individual poses a flight risk, is likely to obstruct justice by influencing witnesses or tampering with evidence, or if there is a significant delay expected in the trial.
In politically charged cases, such as the Delhi liquor policy scandal involving Mr. Sisodia, where arrest and lengthy pre-trial detention have been issues, the application of bail principles becomes critical. Sisodia was detained by the CBI and later by the Enforcement Directorate in early 2023. Although Delhi Chief Minister Arvind Kejriwal faced similar issues, he secured interim bail in the money-laundering case but remains in custody in connection with the corruption case handled by the CBI.
The Supreme Court’s recent order, delivered by Justices B.R. Gavai and K.V. Viswanathan, not only facilitated Mr. Sisodia’s release after over a year in jail but also reinforced the idea that strict bail laws, like those under the Prevention of Money Laundering Act, should not obstruct a person’s right to bail if there is a significant delay in the trial. The decision has also spotlighted the tendency among some judges to adhere too rigidly to bail denial, thereby neglecting the principle that bail should be the default position rather than the exception.
The Court had previously allowed Mr. Sisodia to reapply for bail if the trial did not proceed within the expected six to eight months. Despite this, both the trial court and the Delhi High Court overlooked the Supreme Court’s emphasis on the need for a swift trial and dismissed his bail application, citing delays due to petitions he filed. Judges must be vigilant to prevent a decline in public confidence in the judiciary’s commitment to upholding individual liberties and ensuring that justice is not delayed by unnecessary pre-trial detention.
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