Photo: Manish Sisodia greets supporters after his release from Tihar Jail ( Photo from X )
New Delhi: The Supreme Court has granted bail to former Delhi Deputy Chief Minister Manish Sisodia, highlighting that delays in the trial and extended pre-trial incarceration can justify bypassing the stringent bail conditions typically imposed in money laundering cases. In a 38-page order, the Court emphasized that, when there are significant delays and prolonged pre-trial detention, the right to bail should be integrated into the application of Section 45 of the Prevention of Money Laundering Act (PMLA). This provision sets a high bar for bail, requiring a ‘triple test’ to be met: there must be reasonable grounds for believing the accused is not guilty of the offense; the accused must not be likely to commit any further offenses while on bail; and the accused must not be a flight risk.
In Sisodia’s case, Additional Solicitor General SV Raju argued that the Supreme Court’s prior rejection of bail in October 2023 indicated a judicial agreement on a “prima facie” case against Sisodia, suggesting that he should not be granted bail again. Despite this, the Court’s ruling reflects a nuanced approach, taking into account the effects of prolonged detention and delays on the fairness of pre-trial conditions and the overall bail process.
