The Supreme Court in the Delhi excise policy case granted bail to Aam Aadmi Party communications-in-charge Vijay Nair who is an accused in the money laundering case arising out of the Delhi excise policy case scam [Vijay Nair vs Directorate of Enforcement].
A Bench of Justices Hrishikesh Roy and SVN Bhatti said that the ED has not been able to complete trial on time despite its assurances to the Court and around 350 witnesses have to be examined.
“When the case of Manish Sisodia was taken by this court, the assurance was given by ED that trial would be concluded within 6 to 8 months but as can be seen that trial is yet to commence. While assurance was given by ED on 30/10/23 on early conclusion of trial within 6 to 8 months, it is seen that as many as 40 persons have been arrayed as accused. The prosecution seeks to examine around 350 witnesses,” the Court observed.
The Court further noted that Nair has been in custody for 23 months and that trial cannot become a punishment. “In the case at hand, the petitioner is in custody for 23 months and his incarceration as undertrial cannot be a mode of punishment without trial being commenced.
The universal rule of bail being rule and jail being exception will be defeated if the petitoner is kept incarcerated without trial being started,” the Court stated. Hence, the Court ordered that Nair be released on bail.
Source: Bar and Bench
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