MANISH SISODIA v. CENTRAL BUREAU OF INVESTIGATION

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MANISH SISODIA v. CENTRAL BUREAU OF INVESTIGATION

Bench:

Justice Sanjiv Khanna (author of judgment)
Justice Sarasa V. N. Bhatti

Facts:

The Appellant, Manish Sisodia, former Deputy Chief Minister and Excise Minister of Delhi, was arrested by the CBI and ED in connection with alleged irregularities in the Delhi Liquor Excise Policy 2021–22.

  • CBI charged him under Sections 201 and 420 IPC and Sections 7, 7A, 8, and 12 of the PCA.
  • ED filed a complaint under the PMLA for alleged laundering of ₹100 crores in bribes linked to policy changes benefiting select distributors.
  • Bail was denied by both the Trial Court and Delhi High Court.
  • The Appellant approached the Supreme Court seeking bail.

Issues:
Whether the Appellant is entitled to bail under the Prevention of Money Laundering Act, 2002 (PMLA), considering the nature of allegations and stage of trial.

Arguments:

Appellant:

  • Denied involvement in any criminal conspiracy or money laundering.
  • Asserted prolonged incarceration and invoked the right to a speedy trial under Article 21.
  • Sought bail on grounds of fairness and presumption of innocence.

Respondents (CBI/ED):

  • Alleged serious economic offences involving abuse of public office.
  • Claimed that bribes were routed to benefit the Appellant and his political party.
  • Argued that the evidence tentatively supports the charges under PMLA.

Ratio Decidendi:

  • The Court applied the standard laid down in Vijay Madanlal Choudhary v. Union of India (2022 INSC 757), which requires a tentative finding that the accused is not guilty for bail under PMLA.
  • The allegations of policy manipulation and laundering of ₹100 crores were found to be tentatively supported by material on record.
  • The Court emphasized that bail under PMLA cannot be granted merely due to prolonged custody unless the trial is unduly delayed.
  • The right to a speedy trial under Article 21 remains protected, and bail may be reconsidered if trial progress is unsatisfactory.

Final Order:

  • Bail was denied at this stage due to the seriousness of allegations and supporting evidence.
  • The Appellant was granted liberty to file a fresh bail application if:
    • There is a change in circumstances, or
    • The trial does not progress meaningfully within three months.
  • Interim bail may be sought in case of medical, personal, or family emergencies.
  • The CBI assured trial completion within 6–8 months; failure to do so may justify bail.

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