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.