2024-04-04 07:49:54
New Delhi: When the Supreme Court granted bail to AAP leader Sanjay Singh, a legal question arose whether the other accused in the Delhi liquor scam would also get the benefit? However, the Supreme Court has also said in its order that this case will not become a precedent. So will other accused not get the benefit of this decision? However, legal experts say that after this order of the Supreme Court, bail can also be sought from the other accused, but a lot will depend on the attitude of the ED. On the instructions of the Supreme Court, the Lower Court has set the conditions of Sanjay Singh’s bail, under which he has been asked not to give any statement regarding the case after leaving the jail. However, he has been given complete freedom to conduct party work.
How much hope is there for other AAP leaders who are in jail?
Senior Supreme Court Advocate Vikas Singh says that Right to Silence is also a fundamental right. No accused can be deprived of his right to remain silent and no investigating agency can say that the accused is not cooperating by remaining silent. Cooperation does not mean that the accused confesses his crime. Telangana High Court has said in one of its decisions that remaining silent is also a fundamental right. Also, the Supreme Court itself has said in another decision that not cooperating with the ED despite its summons cannot be a basis for arrest. Also, at the time of remand, it is important to see whether the arrest is valid or not.
In the present case, Sanjay Singh was in jail for six months. The Supreme Court said that there is no recovery from Sanjay Singh. The Supreme Court had asked the ED whether there was a need to keep Sanjay Singh in custody? Sanjay Singh has been in jail for six months. When ED said that it had no objection to granting him bail, the Supreme Court granted him bail. AAP leaders have been arrested in the excise policy case and the first leader has got bail. In such a situation, a path has definitely been made for the remaining accused in the coming days, so that they can file bail applications.
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‘Decision on merit of the case’
At the same time, senior Supreme Court advocate ML Lahauti says that if an accused does not have to face face to face with another accused, then it is difficult for such an accused to get bail. However, if the interrogation has been done and there is no need for further interrogation during the investigation, then on that basis the remaining accused can also demand bail. Then what is the stand of ED in that particular case, it is also important because in the present case, ED itself said on the question of Supreme Court that it has no objection to granting bail. In such a situation, when the bail hearing will take place in the remaining cases, then the stand of ED will also have to be seen whether ED has any objection or not? Or she is opposing bail on merit. If the ED opposes the bail on merit, then in that particular case the court will decide on bail on the merit of the case.
‘Also on the basis of delay in trial’
Senior criminal lawyer Ramesh Gupta says that ED has not opposed granting bail to Sanjay Singh. Now, it remains to be seen what is the stand of ED in the remaining matter. However, the way will definitely open for filing bail applications on behalf of other accused. Anyway, during the hearing on the bail application of Manish Sisodia, the Supreme Court had said that if there is a delay in the trial, the accused can file a bail application. Recently, on March 20, the Supreme Court had said that the constitutional rights of PML under Section 45 cannot be taken away and this has been made clear in Sisodia’s case. If the trial is delayed then there is no restriction on the right of the court to grant bail.
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The court had said that here the issue is of right to life and liberty under Article 21. In such a situation, there is no obstacle in granting bail on the basis of delay in trial. The Supreme Court had said that if there is a delay in the trial of a money laundering case, there is no ban on granting bail. Supreme Court Justice Sanjeev Khanna, during the hearing in a case related to money laundering case, had said that Section 45 of the PMLA Act does not prohibit the grant of bail in a case in which the trial is delayed.
In the Sanjay Singh case, ED has said in the Supreme Court that it has no objection to granting him bail. Now in such a situation, the question will arise whether it is necessary to keep the accused in custody in other cases also? Then it will be interesting to see ED’s response. However, bail application can also be filed on the basis of delay in trial. It is noteworthy that in this case, AAP leader and Delhi CM Arvind Kejriwal, former Deputy CM Manish Sisodia, former minister Satyendar Jain, BRS leader K. Kavita etc are in jail.