Is the case of ED probing Delhi excise policy getting weakened in the court? This question is being asked because Aam Aadmi Party (AAP) MP Sanjay Singh has come out of jail after getting bail from the Supreme Court. And now the Delhi High Court has also reserved its verdict on the petition cancelling the arrest of Chief Minister Arvind Kejriwal. Now the question is whether CM Kejriwal will get relief after Sanjay Singh.
AAP claims that Sanjay Singh's bail has paved the way for the release of Manish Sisodia and Arvind Kejriwal. But is it possible? The Supreme Court itself has answered this question. The apex court bench which granted bail to Sanjay Singh has made it clear that the bail given to the AAP MP will not be taken as an example.
This means, during the hearing on the bail plea of Kejriwal and Sisodia, their lawyers cannot argue that the Supreme Court has granted bail to Sanjay Singh, hence the duo should also be granted bail. Simply put, Sanjay Singh's bail cannot be the basis for Kejriwal and Sisodia's bail. Here's why:
Firstly, ED did not oppose Sanjay Singh's bail in the Supreme Court. Whereas, ED has opposed Sisodia's bail petition in every court wherein the AAP leader approached. The central agency has the same stance in CM Kejriwal's case also.
Secondly, PMLA case against Sanjay Singh was only on the charge of taking money from the now-scrapped liquor policy. He is not accused of being involved in the liquor policy case. Whereas, there is a case against both Sisodia and Kejriwal for carrying out the alleged liquor scam along with PMLA, which is being investigated by CBI.
READ | Delhi HC reserves order on plea by CM Arvind Kejriwal challenging ED arrest in excise policy case
These are two main things which go against Sisodia and Kejriwal. Hence, it can be assumed that it is difficult for them to get bail right now. But it is not impossible. During the hearing on the bail plea of Sisodia, the Supreme Court had said that if there is a delay in the trial, the accused can file a bail application. The top court had also said that if the trial is delayed, then there is no restriction on the right to grant bail based on Section 45 of PMLA. But despite this, Sisodia has been in jail for more than a year. Legal experts say that now Sisodia and CM Kejriwal can ask for bail based on the grounds given for the bail of Sanjay Singh.
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