Hearing on bail plea by Sisodia after SC decides curative petition

Last year, Sisodia was arrested by Central Bureau of Investigation on February 26 and by Enforcement Directorate on March 9

A Delhi court on Wednesday decided not to hear the bail applications moved by former deputy chief minister Manish Sisodia until the curative petition, moved by him in the Supreme Court against the order dismissing his bail, is decided.

Manish Sisodia

“It is being held that this court cannot hear the pleas for regular bail of accused in these cases till the curative petition filed by him is disposed of by the Hon’ble Supreme Court. Hence, these bail applications are now directed to be listed on 02.03.2024, awaiting outcome of the curative petition”, said special judge MK Nagpal in the order made available on Friday.

Sisodia was arrested by the Central Bureau of Investigation (CBI) on February 26 last year and by Enforcement Directorate (ED) on March 9, 2023. Last month, he approached the court and filed the second bail applications in cases, filed by both the agencies in connection with the Delhi liquor excise policy 2021-22, on the ground that there has been a lack of progress in the trial despite more than three months having passed since his bail was denied by the Supreme Court on October 30 last year.

The Supreme Court dismissed his bail application relying upon the agencies’ assurance that the trial would conclude within six to eight months. Meanwhile, the apex court granted him liberty to file a fresh bail application if the trial is protracted and proceeds at a snail’s pace in the next three months.

During the hearing on the bail application on February 12 and February 17, it was pointed out that he has also filed a curative petition before the Supreme Court and the same has been directed to be listed for hearing.

Senior Advocate Mohit Mathur, appearing for Sisodia, argued that mere filing or pendency of a curative petition is no bar to the hearing of his regular bail pleas as no stay on proceedings of this court on the regular bail applications has been granted.

He further argued that Sisodia might not even be granted an opportunity to be heard in the curative petition and it may get dismissed or disposed of by circulation only. However, if the court stops hearing his bail plea, it would amount to him being punished for exercising his right of filing his curative petition.

ED, on the other hand, vehemently argued that on the grounds of judicial propriety, the court should adjourn hearing the bail applications awaiting the result of the curative petition.

It was also submitted that if the court allows the curative petition, then his petition seeking bail will be restored and will be considered by the court, and he cannot simultaneously approach two different forums seeking the same relief of bail.

The court after hearing the arguments of both the parties agreed with the arguments of ED observing that the judicial propriety demands that the court should not hear the bail applications till the curative petition is disposed of as he cannot simultaneously approach two different forums seeking the same relief.

“Even the contention of senior advocate for applicant that the filing of above curative petition is an exercise of his right by the accused is not tenable as he cannot be permitted to exercise his right in such a way so as to claim the same relief from two different forums”, the court further added refuting Sisodia’s arguments.

The court has now listed the bail applications on March 2, awaiting the outcome of the curative petition pending before the Supreme Court.