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A bench of Justices BR Gavai and KV Viswanathan will take up for hearing both the pleas.
On July 29, Additional Solicitor General SV Raju, appearing for CBI and ED, had told the bench that while the Central Bureau of Investigation had filed its response on Sisodia’s plea, it had not come on record.
Raju had raised preliminary objections on Sisodia’s pleas and said it was the second special leave petition challenging the same Delhi High Court order.
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Sisodia had earlier moved the apex court challenging the Delhi High Court’s May 21 order dismissing his bail pleas. He had challenged in the high court a trial court’s April 30 order rejecting his bail applications in the two cases.
He was arrested by the CBI on February 26, 2023, over his alleged role in the liquor policy case.
The ED arrested him in the money-laundering case stemming from the CBI FIR on March 9, 2023.
Sisodia resigned from the Delhi cabinet on February 28, 2023.
During the hearing, Raju referred to the June 4 order of the top court, refusing to entertain Sisodia’s bail pleas in the cases lodged by the CBI and the ED.
The top court, however, had said that Sisodia could revive his petitions for bail after the ED and the CBI filed their final prosecution complaint and charge sheet, respectively, in the cases involving alleged corruption and money laundering.
A prosecution complaint is the ED’s equivalent of a charge sheet.
“In light of the said submissions made and having regard to the fact that the period of ‘six to eight’ months’ fixed by this court by order dated October 30, 2023, having not come to an end, it would suffice to dispose of these petitions with liberty to the petitioner to revive his prayer afresh after filing of the final complaint/charge sheet, as assured by the solicitor general,” the bench had said.
Last week, senior advocate Abhishek Singhvi, appearing for Sisodia, termed Raju’s arguments as “absolutely shocking” and said it was very unfortunate for a prosecutor to say this.
The law officer had then referred to the October 30, last year order of the apex court, which had denied him bail in the two cases.
While dismissing his regular bail plea, the top court had given Sisodia the liberty to approach the courts for relief if there was a change in circumstances or the trial got protracted.
The top court, after hearing brief arguments from both sides, observed that the period determined by the apex court in its October 30 order was over and the matter could be heard on merit.
“Let it be heard on merit. Why should we have hearing at two stages, one for interim and one for final,” the bench said and posted the matter for hearing on August 5.
The former Delhi deputy chief minister has sought bail, contending that he has been in custody for 16 months and the trial against him has not progressed since October.
The apex court on July 16 agreed to hear the pleas and sought responses from the CBI and the ED.
Sisodia has also filed an application seeking revival of his bail petitions in the excise policy-linked corruption and money-laundering cases.