DNA Exclusive: Analysing Arvind Kejriwal, Manish Sisodia's Chances To Get Bail

New Delhi: Aam Aadmi Party leader and MP Sanjay Singh was released from Tihar Jail on Sunday, a day after the Supreme Court granted him bail in the Delhi Liquor Policy Scam Case. Sanjay Singh's release from jail has raised the hopes of the AAP and the party leaders are hopeful that Manish Sisodia and Delhi Chief Minister Arvind Kejriwal will also be walking out of the jail soon.

In today's DNA, Zee news anchor Sourabh Raaj Jain analysed the meaning of Sanjay SIngh's bail for other AAP leaders in jail and the legal aspects of acceptance of bail plea by Arvind Kejriwal and Manish Sisodia.

The Supreme Court bench, while granting bail to Sanjay Singh, has explicitly stated that his bail should not serve as a precedent. This means that during the hearing for the bail plea of Arvind Kejriwal and Manish Sisodia, their legal representatives cannot argue that Sanjay Singh was granted bail, therefore Kejriwal and Sisodia should also be granted bail. Simply put, Sanjay Singh's bail cannot be used as a basis for the bail of Kejriwal and Sisodia.

DNA : संजय सिंह की जमानत..AAP को राहत. क्या CM केजरीवाल को मिलेगी रिहाई ? #DNA #DNAWithSourabh #SanjaySingh #ArvindKejriwal #SunitaKejriwal #AAP
@saurabhraajjain pic.twitter.com/x3WxoGEyYe — Zee News (@ZeeNews) April 3, 2024

Now, let's delve into the reasons behind this decision. Firstly, a significant factor in Sanjay Singh's bail was the lack of opposition from the Enforcement Directorate (ED) in the Supreme Court. In contrast, whenever Manish Sisodia has applied for bail in any court, the ED has opposed it. The same stance has been taken in CM Kejriwal's case as well.

Secondly, it's crucial to note that Sanjay Singh faces a Prevention of Money Laundering Act (PMLA) case solely on the charge of receiving money from the liquor scam. He is not accused of being directly involved in the scam. In contrast, both Manish Sisodia and Kejriwal are facing a case related to the liquor scam, along with PMLA charges, which are under investigation by the Central Bureau of Investigation (CBI).

These two key factors work against Manish Sisodia and Arvind Kejriwal, suggesting that obtaining bail for them at this moment may be challenging, though not impossible. However, during the bail plea hearing for Manish Sisodia, the Supreme Court had stated that if there is a delay in the trial, the accused have the right to file a bail application.

Furthermore, the Supreme Court emphasized that if the trial is delayed, there are no restrictions on granting bail under Section 45 of the PMLA. Despite this, Manish Sisodia has been in jail for over a year, largely due to the ED's consistent opposition to his bail requests. Legal experts now suggest that Sisodia and CM Kejriwal may seek bail based on the grounds cited for Sanjay Singh's bail.