It reasserts that cardinal principle that is the backbone of the criminal justice system – that bail is the norm and jail the exception
This judgment is notable for three reasons. First, it reaffirms and reminds all courts in the country of the age-old principle that bail is the norm and jail, the exception. Second, the right to speedy trial must be respected and that keeping an accused behind bars for an unlimited period of time while awaiting trial violates his or her right to life under Article 21 of the Constitution.
The Supreme Court granted bail to Manish Sisodia, Delhi’s former deputy Chief Minister, on August 9. Sisodia was arrested on February 26, 2023, by the Central Bureau of Investigation (CBI) and then subsequently by the Enforcement Directorate (ED) on March 9, 2023. He has been in jail for almost a year-and-a-half without being convicted of any offence and was still awaiting trial. The Supreme Court was hearing the appeal against an order passed by the Delhi High Court in May 2024 denying him bail.
Justices B R Gavai and K V Viswanathan heard the case, Manish Sisodia v Directorate of Enforcement (judgment dated August 9). This judgment is notable for three reasons. First, it reaffirms and reminds all courts in the country of the age-old principle that bail is the norm and jail, the exception. Second, the right to speedy trial must be respected and that keeping an accused behind bars for an unlimited period of time while awaiting trial violates his or her right to life under Article 21 of the Constitution. Finally, the right to bail in cases of delay coupled with incarceration for a long period should be read into the bail provisions of the Code of Criminal Procedure, 1972 (CrPC) and the Prevention of Money Laundering Act, 2002 (PMLA).
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