2024 Supreme(SC) 645
B. R. GAVAI, K. V. VISWANATHAN
Manish Sisodia – Appellant
Versus
Directorate of Enforcement – Respondent
Advocates appeared:
For the Petitioner(s): Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Vikram Chaudhary, Sr. Adv. Mr. Vivek Jain, AOR Mr. Mohd. Irshad, Adv. Mr. Rajat Bhardwaj, Adv. Mr. Amit Bhandari, Adv. Ms. Suchitra Kumbhat, Adv. Mr. Karan Sharma, Adv. Mr. Rajat Jain, Adv. Mr. Sadiq Noor, Adv. Ms. Arveen, Adv. Mr. Mohit Siwach, Adv. Mr. Kaustubh Khanna, Adv. Mr. Kautubh Khanna, Adv. Mr. Rishikesh, Adv.
For the Respondent(s): Mr. Suryaprakash V Raju, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mr. Zoheb Hussain, Adv. Mr. Annam Venkatesh, Adv. Mr. Vivek Gurnani, Adv. Mr. Suryaprakash V. Raju, A.S.G. Mr. Zoheb Hussain, Adv. Mr. Annam Venkatesh, Adv. Mr. Vivek Gurnani, Adv. Ms. Aakriti Mishra, Adv. Mr. Arvind Kumar Sharma, AOR Ms. Abhipriya,Adv. Mr. Samrat Goswami,Adv. Mr. Hitarth Raja,Adv. Mr. Harsh Paul Singh,Adv. Mr. Gaurav Sarkar,Adv. Mr. Animesh Upadhyay,Adv. Mr. Sathvik Reddy,Adv. Mr. Vivek Gaurav,Adv. Suradhish Vats,Adv. Mr. Kshitiz Agarwal,Adv. Ms Shweta Desai,Adv. Ms. Nidhi Saini,Adv.
Judgement Key Points
Based on the provided legal document, here are the key points regarding the judgment:
- Case Details: The Supreme Court of India allowed the bail appeals of Manish Sisodia (former Deputy Chief Minister of Delhi) in Criminal Appeal No. 3295 of 2024, arising out of the Delhi Liquor scam investigations by the CBI and ED (!) (!) (!) .
- Preliminary Objection on Maintainability: The Court rejected the Respondent's argument that the appellant could not file a second set of Special Leave Petitions (SLPs) after a previous liberty was granted to approach the trial court, stating that relegating the appellant to lower courts would be a "travesty of justice" and make them "run from pillar to post" (!) (!) (!) (!) .
- Right to Speedy Trial: The Court emphasized that the right to speedy trial and liberty are "sacrosanct rights" under Article 21 of the Constitution and that bail should not be withheld as a punishment (!) (!) (!) (!) .
- Application of PMLA Section 45: The Court held that in cases involving delay coupled with long incarceration, the right to bail must be read into Section 45 of the Prevention of Money Laundering Act (PMLA) and Section 439 of the Cr.P.C., overriding the strict "triple test" if the trial is not progressing (!) (!) (!) (!) .
- Delay in Trial: The Court found that the trial had not commenced despite a 17-month period of incarceration, and the prosecution's assurance to conclude investigation by July 3, 2024, made the trial impossible within the earlier 6-8 month timeline (!) (!) (!) (!) .
- Role of Accused in Delay: The Court rejected the prosecution's claim that the appellant caused delays through frequent applications under Section 207 Cr.P.C., noting that many applications were allowed and that the volume of documents (69,000 pages) required reasonable time for inspection (!) (!) (!) (!) .
- Voluminous Evidence: The case involves 493 witnesses and approximately 69,000 pages of documents, making the conclusion of the trial in the near future impossible (!) (!) .
- Conditions for Bail: Bail was granted subject to strict conditions, including surrendering the passport, reporting to the Investigating Officer twice a week, and not influencing witnesses or tampering with evidence (!) (!) (!) .
JUDGMENT
B.R. GAVAI, J.
1. Leave granted. Appeals heard on merits.
2. The present appeals challenge the judgment and order dated 21st May 2024 passed by the learned Single Judge of the High Court of Delhi at New Delhi in Bail Application Nos. 1557 and 1559 of 2024, thereby rejecting the said applications filed by the present appellant for grant of bail. The aforesaid two applications were filed seeking bail in connection with ED Case No. HIU-II/14/2022 registered against the appellant by the Directorate of Enforcement (for short, ‘ED’) and First Information Report (FIR) No. RC0032022A0053 of 2022 registered against the appellant by the Central Bureau of Investigation (for short, ‘CBI’).
3. FIR No. RC0032022A0053 of 2022 came to be registered by the CBI on 17th August 2022, and ED Case No. HIU-II/14/2022 came to be registered by the ED on 22nd August 2022.
4. Since both the cases arise out of similar facts, the latter being the predicate offence and the former being a case registered on the basis of the predicate offence, both these appeals are heard and decided together.
FACTS IN BRIEF:
5. The present case travelled two rounds before the trial court, the High Court and this Court. This i
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