PMLA,2002; Section 45 – Code Of Criminal Procedure, 1973; Section 439– Right to bail in cases of delay coupled with incarceration for a long period should be read into Section 439 Cr.P.C. and Section 45 of the PMLA. (Para 44).
Bail -The prolonged incarceration before being pronounced guilty of an offence should not be permitted to become punishment without trial. (Para 54)- – From our experience, we can say that it appears that Trial courts and the High Courts attempt to play safe in matters of grant of bail. The principle that bail is a rule and refusal is an exception is, at times, followed in breach. – On account of non-grant of bail even in straight forward open and shut cases, this Court is flooded with huge number of bail petitions thereby adding to the huge pendency. It is high time that the trial courts and the High Courts should recognize the principle that “bail is rule and jail is exception”. (Para 53) -The objective to keep a person in judicial custody pending trial or disposal of an appeal is to secure the attendance of the prisoner at trial. (Para 55)
Summary: Bail granted to Manish Sisodia -Observations: In a matter pertaining to the life and liberty of a citizen which is one of the most sacrosanct rights guaranteed by the Constitution, a citizen cannot be made to run from pillar to post- In the present case, in the ED matter as well as the CBI matter, 493 witnesses have been named. The case involves thousands of pages of documents and over a lakh pages of digitized documents. It is thus clear that there is not even the remotest possibility of the trial being concluded in the near future. In our view, keeping the appellant behind the bars for an unlimited period of time in the hope of speedy completion of trial would deprive his fundamental right to liberty under Article 21 of the Constitution.