The Supreme Court’s decision to grant bail to former Delhi Deputy Chief Minister Manish Sisodia in the Delhi excise policy case marked a significant moment in the country’s legal landscape. The court’s observations during the hearing underscored the importance of certain fundamental principles of criminal jurisprudence.
Ten key points articulated by the Supreme Court
1. Bail is the Rule, Jail an Exception
The court reiterated the fundamental principle that bail is the norm and imprisonment is the exception. This principle should be upheld unless there are compelling reasons to deny bail, such as the likelihood of the accused tampering with evidence or influencing witnesses.
2. Right to Speedy Trial is Sacrosanct
The Supreme Court emphasized the constitutional right of every accused to a speedy trial. Prolonged incarceration without the commencement of trial is a violation of this fundamental right.
3. Delay in Trial Cannot Justify Continued Detention
The court made it clear that keeping an accused in custody on the hope of a speedy trial is unacceptable. If the trial is likely to be prolonged, it cannot justify continued detention.
4. Courts Must Give Due Weight to Length of Incarceration
The Supreme Court highlighted that trial courts and high courts must consider the length of an accused’s incarceration when deciding bail applications. Prolonged detention without trial should be a significant factor in granting bail.
5. Article 21 Applies Irrespective of Crime
The court affirmed that the right to life and liberty under Article 21 of the Constitution applies to all, regardless of the nature of the crime. This means that even those accused of serious offenses are entitled to bail unless there are specific grounds to deny it.
6. Bail Cannot Be Used as a Tool of Punishment
The Supreme Court emphasized that bail is a procedural right and not a punishment. It should not be withheld merely to punish the accused.
7. Accused Has Deep Roots in Society
The court observed that Manish Sisodia had deep roots in society and there was no likelihood of him tampering with evidence or fleeing justice. This factor weighed in favor of granting bail.
8. Evidence Primarily Documentary
The court noted that the evidence in the case was largely documentary, reducing the chances of tampering. This strengthened the case for bail.
9. Bail Conditions Can Be Imposed
The Supreme Court clarified that while granting bail, it can impose conditions such as surrendering the passport, reporting to the police regularly, and refraining from influencing witnesses.
10. Bail Can Be Cancelled if Conditions Violated
The court asserted that if the accused violates any of the bail conditions, the prosecution can seek cancellation of bail. This ensures that the bail is not misused.
