The Supreme Court on Friday took critical note that the High Courts and trial courts appear to be "playing it safe" when they routinely deny bail in criminal cases instead of granting bail as the norm.
It is high time the courts realise that bail is a rule and jail is an exception, the top court added.
Justices BR Gavai and KV Viswanathan made the observation while granting bail to Aam Aadmi Party (AAP) leader and former Deputy Chief Minister of Delhi
Manish Sisodia in the Delhi excise policy case.
A trial court and the Delhi High Court had rejected Sisodia's third set of bail pleas earlier this year, prompting Sisodia to approach the Supreme Court again in appeal.
"The High Court and trial court is playing safe in matters of bail and bail cannot be denied as a matter of punishment ... It is high time the courts realise that bail is a rule and jail is an exception," the Supreme Court said today while granting Sisodia bail.
"There is a rising apprehension that there is restrain in district courts in matters concerning personal liberty. Bail is the rule is losing ground in district courts and this trend needs thorough evaluation and all district judges must tell me why this trend is emerging."
This was the third round of bail pleas moved by Sisodia in the case, which is being probed by both the Central Bureau of Investigation (CBI) as well as the Enforcement Directorate (ED).
The case involves allegations that Delhi government officials tweaked the excise policy to benefit certain liquor sellers in exchange for bribes that were used to fund the AAP's elections in Goa.
In the two earlier rounds of bail litigation, the top court had refused to grant Sisodia bail after taking note of assurances that a chargesheet would be filed soon in the case.
It, however, granted liberty to Sisodia to approach the Supreme Court again if the trial moves slowly and once the chargesheet is filed.
Sisodia filed his third bail plea before the Supreme Court after a chargesheet was filed. The top court today said that it would not ask Sisodia to go back to the trial court once again to seek bail.
"Liberty was given to revive the plea after filing of chargesheet. Now relegating Sisodia to trial court and then High Court will be like playing a game of snake and ladder ... It will be travesty of justice to note that he has to be relegated to trial court again. Procedures cannot be made a mistress of justice," the Supreme Court said.
After concluding that the trial against Sisodia is unlikely to be completed soon, the Court granted him bail.
"There is no remote possibility of completion of trial within time and keeping him behind bars for the purpose of completion of trial will be nothing but a violation of Article 21. Sisodia has deep roots in society and he cannot flee away ... Regarding tampering evidence, case largely depends on documentation and thus it is all seized and no chance of tampering," the Court reasoned.
