Headline:
Supreme Court Grants Bail to Manish Sisodia Citing Prolonged Custody and Delayed Trial
Summary:
On 10th of August Manish Sisodia former Deputy Chief Minister of Delhi was granted bail from the Supreme court of India. The decision came due to the extended period of his incarceration and the delay in the commencement of the trial. The Court said that in cases where trials are delayed, the right to bail must be considered, particularly under Section 45 of the Prevention of Money Laundering Act (PMLA) when read with section 239 of CrPC.
Key Facts:
- Custody- Manish Sisodia was in 17th Month Custody.
- Argument- Court highlighted the right to speedy Trial, in augment of Additional Solicitor General’s view of not granting bail under section 45 of PMLA.
- Court’s Stance and Reference- Court cited recent judgement Ramkripal Meena v. Directorate of Enforcement, where similar conditions under Section 45 PMLA were relaxed due to prolonged detention.
Insights in Law:
It is the way through which the Court seeks to allow for relaxation of stringent provisions under laws like PMLA when there is prolonged pre-trial detention so as to safeguard individual’s liberties. This verdict has fortified the balance between legal provisions and natural rights embodied in Article 21 of the constitution guaranteeing speedy trial.
Impact:
Therefore, the ruling gives a direction on how bail should be dealt with concerning cases where there have been delayed trails in these critical laws.
Thus, this ruling can affect timely trials regarding bail matters.
Why it matters?
It was a landmark decision concerning interpretation of bail legislation especially in case of strict statutes such as PMLA. It emphasizes the need for constitutional rights to be guarded against procedural delays and may have far-reaching implications on judicial stance towards bail during long pretrial detentions.
Source- Supreme Court of India
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