Bail Is the Rule: SC Grants Manish Sisodia Bail (2024)

Bail Is the Rule, Jail the Exception: Supreme Court Grants Manish Sisodia Bail After 17 Months Without Trial

Published: 20 October 2026 · NyayVidhan

The Supreme Court granted bail to former Delhi Deputy Chief Minister Manish Sisodia in the CBI and ED excise-policy cases, holding that about 17 months in custody with the trial not even begun violated his right to a speedy trial under Article 21. The right to bail for long incarceration is read into Section 45 PMLA, and courts must recognise that 'bail is rule and jail is exception' (paras 24, 32, 44, 49-54).

Key holdings

The right to bail for delay and long incarceration is read into Section 45 PMLA (paras 37, 44).

An accused given liberty to revive a bail plea here need not restart in the trial court (paras 32-35).

Seeking inspection of un-relied documents is part of a fair trial, not delay by the accused (paras 46-47).

About 17 months in custody, with the trial not begun, denied the right to a speedy trial (paras 49, 54).

Trial courts and High Courts must recognise that 'bail is rule and jail is exception' (para 53).

Case explainer by NyayVidhan: an account of this judgment and the law it laid down, not the court's text. The judgment itself is the authoritative version.

Brief Facts

After the Lieutenant Governor's letter of 20.07.2022 alleging irregularities in Delhi's Excise Policy 2021-22, the CBI registered an FIR on 17.08.2022 and the ED a case on 22.08.2022; the appellant was arrested by the CBI on 26.02.2023 and by the ED on 09.03.2023 (paras 3, 6). On 30.10.2023 this Court refused bail but recorded the prosecution's assurance that the trial would end in 6-8 months, with liberty to renew the plea if it was protracted (paras 8, 28). His second bail pleas failed in the trial court and, on 21.05.2024, in the Delhi High Court; on 04.06.2024 this Court let him revive the plea after the final charge sheet (paras 9-12).

Court's Findings

The Court rejected the ED's objection that he must restart in the trial court: the liberty of 04.06.2024 was to revive the plea here after the final charge sheet, and relegating him would make him play 'Snake and Ladder' (paras 32-35). Its first order had held that the right to bail for delay and long incarceration is read into Section 439 CrPC and Section 45 PMLA, so the triple test could not bar relief, and the courts below ignored this (paras 37, 39, 44). Far from ending in 6-8 months, the trial had not begun; as investigation was to end only by 03.07.2024, it could not have (paras 43, 48). The record did not support blaming him for delay: he filed 13 and 14 applications, all allowed, and inspecting about 69,000 pages took time (paras 46-47). With 493 witnesses, about 17 months in custody denied him a speedy trial (paras 49, 54). Bail is not to be withheld as punishment (paras 53, 55). The evidence was largely documentary and already seized, and conditions could meet concerns about witnesses (paras 56-57).

Legal Principle

Prolonged incarceration with the trial not commenced violates the right to a speedy trial under Article 21; the right to bail on that ground is read into Section 45 PMLA and Section 439 CrPC, so the PMLA triple test does not bar bail where the trial will take years (paras 37, 44, 54).

Precedents Relied Upon

Manish Sisodia (earlier bail appeals in the CBI and ED matters - first order of this Court) Common order dated 30.10.2023
Relied Upon Discussed at ¶ 8, 28-29, 37, 43-44
The right to bail in cases of delay coupled with long incarceration is read into Section 439 CrPC and Section 45 PMLA; liberty was given to renew the bail plea if the trial was protracted.
Kunhayammed and Others v. State of Kerala and Others (2000) 6 SCC 359 : 2000 INSC 339
Referred To Discussed at ¶ 15
Relied on by the Additional Solicitor General for the preliminary objection that the appellant had to approach the trial court afresh; the objection was rejected.
P. Ponnusamy v. State of Tamil Nadu 2022 SCC OnLine SC 1543 : 2022 INSC 1175
Referred To Discussed at ¶ 22
Cited by the Additional Solicitor General to contend that applications such as those under Section 207 CrPC could be filed only after framing of charges.

View all precedents (12)

Vijay Madanlal Choudhary and Others v. Union of India and Others (2022) SCC OnLine SC 929 : 2022 INSC 756
Referred To Discussed at ¶ 29
Relied on in the Court's first order: Section 436A CrPC is not a mandate that bail under the PMLA must await incarceration for the specified period.
Prabir Purkayastha v. State (NCT of Delhi) 2024 SCC OnLine SC 934 : 2024 INSC 414
Relied Upon Discussed at ¶ 34
The right to life and personal liberty is the most sacrosanct fundamental right guaranteed under Articles 20, 21 and 22.
Ramkripal Meena v. Directorate of Enforcement SLP(Crl.) No. 3205 of 2024 dated 30.07.2024
Relied Upon Discussed at ¶ 38
Given the custody already undergone and no likelihood of the trial ending soon, the rigours of Section 45 PMLA were suitably relaxed to grant conditional liberty.
Javed Gulam Nabi Shaikh v. State of Maharashtra and Another 2024 SCC OnLine SC 1693
Relied Upon Discussed at ¶ 51-53
If the State cannot protect the right to a speedy trial under Article 21, it should not oppose bail on the ground that the crime is serious; Article 21 applies irrespective of the nature of the crime.
Gudikanti Narasimhulu and Others v. Public Prosecutor, High Court of Andhra Pradesh (1978) 1 SCC 240 : 1977 INSC 232
Relied Upon Discussed at ¶ 51-52, 55
Bail is not to be withheld as a punishment; the object of custody pending trial is to secure the attendance of the accused at trial.
Shri Gurbaksh Singh Sibbia and Others v. State of Punjab (1980) 2 SCC 565 : 1980 INSC 68
Referred To Discussed at ¶ 51
Among the decisions surveyed in Javed Gulam Nabi Shaikh on bail and personal liberty.
Hussainara Khatoon and Others (I) v. Home Secretary, State of Bihar (1980) 1 SCC 81 : 1979 INSC 34
Referred To Discussed at ¶ 51
Among the decisions surveyed in Javed Gulam Nabi Shaikh on bail and the right to a speedy trial.
Union of India v. K.A. Najeeb (2021) 3 SCC 713 : 2021 INSC 50
Referred To Discussed at ¶ 51
Among the decisions surveyed in Javed Gulam Nabi Shaikh on bail and the right to a speedy trial.
Satender Kumar Antil v. Central Bureau of Investigation and Another (2022) 10 SCC 51 : 2022 INSC 690
Referred To Discussed at ¶ 51
Among the decisions surveyed in Javed Gulam Nabi Shaikh on bail and the right to a speedy trial.

Statutory Provisions