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Supreme Court of India 2024-08-09 allowed

MANISH SISODIA vs DIRECTORATE OF ENFORCEMENT

Bench: 2 — B.R. Gavai, K.V. Viswanathan

In Brief

Manish Sisodia, former Delhi Deputy Chief Minister, sought bail in a money laundering case connected to the Delhi Excise Liquor Policy scam. After remaining in custody for 17 months while the trial had not yet commenced, despite the prosecution's earlier assurance of trial completion within 6-8 months, the Supreme Court allowed his bail. The Court held that the right to speedy trial is fundamental under Article 21, and prolonged pre-trial incarceration cannot be permitted to become punishment. The appellant was entitled to inspect un-relied-upon documents as part of fair trial rights. With no flight risk and deep community roots, and the case depending on documentary evidence already in State custody, bail restrictions were justifiable without denying liberty. The Court emphasized bail is a rule and jail an exception, even in serious economic offences.

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Criminal Procedure Bail Right to Speedy Trial Fundamental Rights Money Laundering Economic Offences Corruption Preventive Detention Fair Trial Document Disclosure

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