The Supreme Court on Friday granted bail to Aam Aadmi Party (AAP) leader and former Delhi minister Manish Sisodia in both the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) cases related to the alleged excise policy scam. Sisodia had been in custody for 17 months, and a bench of Justices BR Gavai and KV Viswanathan emphasized that the prolonged incarceration without the commencement of the trial violated his right to a speedy trial.

The court noted, "On account of a long incarceration running around 17 months and trial having not been commenced, the appellant (Sisodia) has been deprived of the right to a speedy trial." Sisodia was initially arrested by the CBI in February 2023, followed by his arrest by the ED a month later in connection with a money laundering case.

Highlighting the importance of the right to a speedy trial, the Supreme Court criticized the trial court and the Delhi High Court for not giving adequate consideration to this principle, which had previously led to the denial of bail to Sisodia. "Courts have forgotten that bail ought not to be withheld as punishment. The principle is that bail is the rule and jail is an exception. In this case, 493 witnesses have been named. There is not the remotest possibility that the trial will conclude in the recent future," the court observed.

Sisodia becomes the second AAP leader, following Sanjay Singh, to be granted bail by the Supreme Court in the excise policy case. Delhi Chief Minister Arvind Kejriwal has also been granted interim bail by the Supreme Court in the ED case, although he remains in custody concerning the CBI case.

Justice Gavai noted that keeping Sisodia in jail until the trial's conclusion would violate his rights under Article 21. The court also dismissed concerns from the ED and CBI that Sisodia should first approach the trial court for bail, likening such a move to making him play a game of "snake and ladder," where a citizen’s personal liberty is at stake. "Relegating Sisodia to trial court and then the High Court (for bail) would be like playing a game of snake and ladder. A citizen cannot be made to run from pillar to post for personal liberty... procedures cannot be made a mistress of justice," the court asserted.

The court further clarified that the usual criteria for denying bail under the Prevention of Money Laundering Act (PMLA), such as the risk of flight, influencing witnesses, or tampering with evidence, did not apply in Sisodia’s case due to the delay in trial proceedings.

As part of his bail conditions, Sisodia must furnish a bail bond of Rs 10 lakh, surrender his passport, and report to the police station every Monday and Thursday. However, the Supreme Court has allowed Sisodia to enter the Delhi Secretariat, rejecting a request from the CBI and ED to bar him from performing official duties, unlike the restrictions imposed on Arvind Kejriwal during his interim bail period earlier this year.