The Supreme Court has granted former Delhi Deputy Chief Minister Manish Sisodia the liberty to revive his bail plea afresh after the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) file their final chargesheet in the excise policy scam case by July 3, 2024.

In a special leave petition against the Delhi High Court order denying him bail, a vacation bench of Justices Aravind Kumar and Sandeep Mehta considered that the charge sheet and complaint would be filed within four weeks by the probe agencies.

The top court clarified that when Sisodia moves a fresh bail application after the final chargesheet is filed, it would be considered afresh on its own merits by the concerned court.

Background of the Case

Manish Sisodia, a key leader of the Aam Aadmi Party (AAP) and the former Excise Minister of Delhi, has been in judicial custody since his arrest by the CBI on February 26, 2023, in connection with alleged corruption in the formulation and implementation of the Delhi Excise Policy 2021-22.

The ED subsequently arrested him on March 9, 2023, on money laundering charges linked to the excise policy scam.

Both the trial court and the Delhi High Court had dismissed Sisodia's regular bail pleas in the CBI and ED cases respectively. He then approached the Supreme Court challenging the High Court order denying him bail in the ED case.

Supreme Court's Previous Order

On October 30, 2023, the Supreme Court had granted Sisodia permission to move a fresh application for bail in case the trial was protracted and proceeded at a snail's pace in the next three months.

This liberty was given based on the assurance by the prosecution that the trial would conclude within 6-8 months.

Latest Development

During the recent hearing, the Solicitor General informed the Supreme Court that the investigation would be concluded, and the final complaint/charge sheet would be filed expeditiously, on or before July 3, 2024.

Considering this submission and the period of "6-8 months" fixed by the court's October 30, 2023 order not having expired, the court granted Sisodia the liberty to revive his prayer for bail afresh after the final chargesheet is filed.

Significance of the Order

This order by the Supreme Court provides Manish Sisodia with an opportunity to seek regular bail once again, after the investigating agencies have completed their probe and filed the final chargesheet.

The court's decision to allow Sisodia to revive his bail plea is based on the principle of fair trial and the presumption of innocence until proven guilty.

By granting him the liberty to seek bail afresh, the court has ensured that Sisodia's rights are not infringed upon, and he has the chance to present his case before the concerned court once the complete evidence is available in the form of the final chargesheet.

The order also reflects the court's commitment to expeditious trial and adherence to the timelines set by it earlier.

Way Forward

With the deadline of July 3, 2024, set for the ED and CBI to file their final chargesheets, the focus now shifts to the investigating agencies to conclude their probe within the given timeframe.

Once the final chargesheets are filed, Manish Sisodia can move a fresh bail application, which will be considered on its merits by the concerned court.

The court will then evaluate the evidence presented by the prosecution and the arguments put forth by Sisodia's legal team to determine whether he should be granted regular bail or not.

Conclusion

The Supreme Court's order granting Manish Sisodia the liberty to revive his bail plea after the final chargesheet is filed is a significant development in the high-profile excise policy scam case.

It upholds the principles of fair trial and due process, while also ensuring that the investigation and trial proceed in a timely manner.

As the case progresses, all eyes will be on the concerned court's decision on Sisodia's fresh bail application, which will have far-reaching implications not only for the accused but also for the larger political landscape in Delhi.