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of <h1>Former Excise Minister's bail denied in money laundering case despite trial delays under Section 45 PMLA</h1> <h3>Manish Sisodia Versus Directorate Of Enforcement</h3> Manish Sisodia Versus Directorate Of Enforcement - TMI Issues Involved:1. Entitlement to Bail on Ground of Delay in Trial2. Attribution of Delay to the Applicant3. Entitlement to Bail on Merits in Cases Registered by CBI and EDSummary of Judgment:1. Entitlement to Bail on Ground of Delay in Trial:The Hon'ble Supreme Court, in its judgment dated 30.10.2023, provided liberty to the applicant to move a fresh bail application if the trial is protracted and proceeds at a snail's pace. However, the Court clarified that such an application would be considered on merits, without being influenced by the previous dismissal of bail applications. The Court emphasized that the delay alone cannot be the sole ground for granting bail, especially in cases involving serious economic offences.2. Attribution of Delay to the Applicant:The Court observed that the applicant and other accused persons had filed multiple applications, some of which were frivolous, causing delays in the trial. The Court noted that the accused persons had delayed the pre-charge proceedings under Sections 207/208 of Cr. P.C. by taking three months for inspection of un-relied documents. The Court held that the delay in the trial was not attributable to the prosecution or the learned Trial Court but was due to the actions of the accused persons, including the applicant.3. Entitlement to Bail on Merits in Cases Registered by CBI and ED:The Court examined the merits of the case and found prima facie evidence against the applicant, Sh. Manish Sisodia, for his involvement in the alleged conspiracy and money laundering activities. The Court noted that the applicant had failed to produce two of his mobile phones, raising concerns about the destruction of evidence. The Court also highlighted the applicant's influential position and the potential to tamper with evidence and influence witnesses if released on bail. The Court held that the applicant failed to satisfy the triple test for grant of bail and did not pass the twin conditions under Section 45 of PMLA.Conclusion:The Court dismissed the bail applications of Sh. Manish Sisodia, concluding that he failed to make out a case for grant of bail on merits. The Court also clarified that the observations made in the judgment are prima facie in nature and will not affect the merits of the case during the trial. Additionally, the Court permitted the applicant to visit his residence to meet his wife in custody once every week at State expense.Directions:The applications seeking permission for the applicant to physically meet his wife were allowed, with the applicant permitted to visit his residence once every week under the same terms and conditions imposed by the learned Trial Court. The judgment was ordered to be uploaded on the website forthwith.
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