The court ruled that even significant trial delays do not automatically warrant bail in economic offences, especially when credible evidence suggests potential witness tampering and evidence destruction by the accused.

INTRODUCTION

BRIEF FACTS OF THE CASE

SUBMISSIONS ON BEHALF OF APPLICANT SH. MANISH SISODIA 10

Submissions qua the case registered by Central Bureau of Investigation

Submissions qua the case filed by Directorate of Enforcement

SUBMISSIONS ON BEHALF OF THE RESPONDENTS

Submissions on behalf of Directorate of Enforcement

Submissions on behalf Central Bureau of Investigation

ISSUES BEFORE THIS COURT

DIRECTIONS OF THE HON’BLE SUPREME COURT IN JUDGMENT DATED 30.10.2023: WHETHER THE APPLICANT IS ENTITLED TO BAIL ON SOLE GROUND OF DELAY IN TRIAL?

WHETHER THERE IS DELAY IN TRIAL, FOR THE REASONS ATTRIBUTABLE TO APPLICANT SH. MANISH SISODIA?

Applications preferred by the Applicant in CBI case before the Ld.

Trial Court

Applications preferred by the Applicant in E.D. case before the Ld. Trial Court

Whether the applicant or other accused persons can be held responsible for delay in initiation of trial due to their act of filing different applications before the learned Trial Court?

Applications unrelated to Section 207 /208 of Cr.P.C.

Different ‘Players’ and ‘Factors’ Affecting the Speed of Trial

Observations Regarding All Accused Persons Acting in ‘Concert’ With Each Other To Delay Trial: Whether Reasonable and Justifiable?

Delay in commencement of trial cannot be attributed to the ED or CBI or Ld. Trial Court

Have the proceedings before the learned Trial Court proceeded at Snail’s pace?

PRINCIPLES GOVERNING GRANT OF REGULAR BAIL UNDER SECTION 439 OF CR.P.C. & IN CASES INVOLVING ECONOMIC OFFENCES

PRINCIPLES GOVERNING GRANT OF BAIL UNDER PMLA

THE CASE OF CBI AND E.D. & THE ROLE OF APPLICANT SH. MANISH SISODIA

Timeline of Events reflecting the Role of Applicant Sh. Manish Sisodia

Association of the Applicant Sh. Manish Sisodia with co-accused Sh. Vijay Nair

Orchestration of Pre-Decided Emails by Sh. Manish Sisodia and Creation of Fake Public Opinion

Change of Draft Cabinet Note by Sh. Manish Sisodia to Hide Opinion of Legal Experts

No Reasons to Justify Increase in Wholesale Profit Margin from 5% to 12%

Role of Applicant in Ensuring Allotment of L-1 License to M/s Indo Spirits

Creation of Uneven Level Playing Field

Destruction of Electronic Evidence by Sh. Manish Sisodia

Role of Applicant Sh. Manish Sisodia in Commission of Offence of Money Laundering under Section 3 of PMLA

To Sum Up: The Modus Operandi

WHETHER CASE FOR GRANT OF BAIL IS MADE OUT, ON MERITS?

WHETHER THE APPLICANT CAN BE GRANTED BAIL ON SOLE GROUND OF DELAY IN TRIAL, EVEN THOUGH HE IS NOT ENTITLED TO GRANT OF BAIL ON MERITS?

CONCLUSION

Manufacturing Fake Public Opinion: Another Form of Corruption

Judicial Resolve Against Corruption while dealing with applications for bail when investigation is pending

The Decision