NEW DELHI: The Supreme Court on Monday refused to grant bail to Aam Aadmi Party (AAP) senior leader and former Delhi Deputy Chief Minister Manish Sisodia in relation to the alleged corruption cases in the now-scrapped excise policy case of the national capital.
Denying bail to Sisodia, a bench of Justices Sanjiv Khanna and SVN Bhatti also took note that the prosecution's assurance that the trial would be concluded in six to eight months, saying if it goes "snail's pace", the AAP leader can approach the apex court again.
"Legal questions have been answered in a limited way. In the analysis, there are certain aspects, which we said are doubtful. But one aspect, with regard to transfer of money, Rs 338 crores, is tentatively established. We have therefore dismissed the application for bail," the bench said. The bench, however said, it is also concerned about the prolonged period of incarceration suffered by Sisodia.
Sisodia, who is behind the bars Since February 26 in the alleged corruption case related to the now-scrapped excise policy of the national capital, was initially arrested by the CBI and later arrested by the ED on March 9 in Tihar Jail in a related case of money laundering. His multiple bail pleas were dismissed by courts among High Court.
"..even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case," it was observed.
In case of ill health and medical emergency due to illness of Sisodia's wife, he may seek interim bail which would be considered on its own merits, the court said.
"..The reason is that the constitutional mandate is the higher law, and it is the basic right of the person charged of an offence and not convicted, that he be ensured and given a speedy trial. When the trial is not proceeding for reasons not attributable to the accused, the court, unless there are good reasons, may well be guided to exercise the power to grant bail. This would be truer where the trial would take years," it was stated.
The CBI has submitted that conspiracy and involvement of Manish Sisodia is "well established."
As per the agency, the existing excise policy was changed to facilitate and get kickbacks and bribes from the wholesale distributors by enhancing their commission from 5% under the old policy to 12% under the new policy, which "favoured and promoted cartelisation.''
The ED has also submitted that the petitioner conspired to allow illegal benefits in lieu of kickbacks of Rs 100 crore in the case. It also argued that a portion of the money, Rs 45 Cr was transferred through Hawala for the Goa election and used by Aam Aadmi Party (AAP).