New Delhi: Emphasising the need to follow the legal principle that ‘bail is the rule and jail an exception’, the Supreme Court of India on Friday granted bail to former Delhi Deputy Chief Minister Manish Sisodia, 17 months after his arrest in the Delhi Excise Policy scam or the liquor scam.
Manish Sisodia was arrested by the CBI On 26th February 2023, and subsequently, was arrested by the ED on 9th March 2023, in connection with the Delhi Liqour scam.
Right to speedy trial and right to liberty are sacrosanct rights: Apex Court
In its judgement on Manish Sisodia’s bail plea, a bench of Justice BR Gavai and Justice KV Vishwanath held that the right to speedy trial and the right to liberty are sacrosanct rights.
Rueing the fact that the trial courts and High courts in the country have forgotten the principle of bail as rule and jail an exception, the Supreme Court said, “Over a period of time, the trial courts and the High Courts have forgotten a very well-settled principle of law that bail is not to be withheld as a punishment.” The court added that “From our experience, we can say that it appears that the trial courts and the High Courts attempt to play safe in matters of grant of bail. The principle that bail is a rule and refusal is an exception is, at times, followed in breach.”
On account of non-grant of bail even in straight forward open and shut cases, top court is flooded with huge number of bail petitions: Apex Court
The top court further said that because trial courts and high courts are reluctant to grant bail to accused, cases come to the Supreme Court and clog the system in the apex court.
“On account of non-grant of bail even in straight forward open and shut cases, this court is flooded with huge number of bail petitions thereby adding to the huge pendency. It is high time that the trial courts and the high courts should recognize the principle that “bail is rule and jail is exception”, said the bench of Justice Gavai and Justice Vishwanath.
The court has also advised courts that “when the trial is not proceeding for reasons not attributable to the accused, the court, unless there are good reasons, would be guided to exercise the power to grant bail.”
The Supreme court in its judgment also reiterated the fact that the right of speedy trial is an important consideration that the court has to keep in mind while considering bail applications. “Right to speedy trial is a fundamental right within the broad scope of Article 21 of the Constitution,” the bench held.
