Limitation of execution decree

The Supreme Court cited constitution as higher law for granting bail to Sisodia.The Hon’ble court invoked constitutional provisions related to liberty under Article 21 as higher law in comparison to special laws such as PMLA or NDPS.

Subject Matter

The subject matter was the implementation of the Delhi Excise Policy 21-22.The accused was arrested by CBI on 26/Feb/23 and ED by 9/Mar/23.The offences invoked were 7/7A/8 & 12 of Prevention of Corruption Act, 1988, 420/201/120 B of IPC,1860 and PMLA.

Held

The Supreme Court held that the period of incarceration of the accused has been 17 months.The trial has not commenced.Thus, the appellant has been deprived of the right to speedy trial embedded in the Right to Life under Art 21 of the Constitution.Art.21 applies irrespective of the nature of crime.The constitutional mandate is higher law.The legal principle that bail is the rule and jail is the exception is applicable.
Since the trial is yet to commence,the right to bail has to be read into Sec.45 of PMLA.

The arguments propounded by the prosecution were that the delay in trial was because of applications filed by the accused in order to inspect all the documents of the prosecution and thus the delay in trial was due to the applications filed by the accused.The applications filed by the accused were for documents and he has a right to file those applications under his right to a free trial. However the prosecution was not been able to specify the applications which were frivolous.
“If the trial is not proceeding due to reasons attributable to the accused, the court may be guided to exercise the power to grant bail.The prosecution had assured that trial shall be conducted in 6-8 months while the trial has not started yet.”

Legal Principle

The right to bail in cases of delay in trial coupled with incarceration for a long period should be read into Section 439 CrPC and 45 of PMLA. Detention before being pronounced guilty of an offence should not become punishment without trial.If there is a protracted trial, the prayer for bail may be meritorious.
An economic offence cannot be equated with offences punishable with death/life imprisonment/10 years or more like offence under NDPS, murder, rape, decoity, kidnapping for ransom or mass violence.

On the basis of these observations, the Supreme Court enlarged the accused on bail.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record (AOR) in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.