Cannot hear Manish Sisodia's bail pleas until his curative petition is disposed of: Delhi court

New Delhi [India], February 23 : The Rouse Court recently said that it cannot hear the bail pleas of AAP leader Manish Sisodia as his curative petition is pending before the Supreme Court. Former Deputy CM Sisodia has sought regular bail in Delhi Excise Policy cases of the CBI and Enforcement Directorate; however, his curative petition against the dismissal of his bail petition by the apex is pending before the Supreme Court.
Special Judge MK Nagpal held that the court cannot hear the pleas for regular bail of the accused in these cases until the curative petition filed by him is disposed of by the Supreme Court.
"Hence, these bail applications are now directed to be listed at 2 pm on March 2, 2024, which is the date fixed in the main case of ED, awaiting the outcome of the curative petition," the court said in the order of February 21, 2023.
The Court observed, "There is no dispute with regard to the legal proposition that a review or curative petition is to be preferred and limited only to the grounds which were taken in the applications or petitions
from which the review or curative petition has arisen."
"However, it is also not in dispute that if the above curative petition filed by the present accused is allowed by the Hon'ble Supreme Court, it will revive the above Criminal appeals and SLPs filed by him and his
bail plea will certainly be heard and considered again by the Supreme Court," the court clarified.
It held that "Hence, the judicial propriety demands that this court should not hear these regular bail applications of the accused till disposal of his above curative petition as the accused cannot simultaneously approach two different forums seeking the same relief."
The Court also said that it has also been rightly submitted by the Special Counsel and SPPs of ED, the judgements in cases State of Odisha and Others. and Deepak Malik being relied upon on behalf of the accused can be distinguished as it was not the same party that had approached two different forums for the same relief in these cases.
Opposing the bail pleas, the Enforcement Directorate (ED) had argued that his application could not be heard as his curative petition was pending before the apex court.
The agency had opposed the regular bail plea of Manish Sisodia and submitted that, as the curative petition is pending before the Supreme Court, the accused can't move this bail application.
"You cannot avail the same relief at two forums at the same time," argued Zoheb Hossain, Special Counsel for ED.
He added that for legal discipline, the trial court should wait until the disposal of the curative petition before the court.
This contention was opposed by the senior advocate Mohit Mathur, counsel for Manish Sisodia.
"What will happen if your curative petition is dismissed by the apex court," Hossain rebutted.
Senior advocate Mathur argued that the accused is being asked why he availed his legal remedy.
He also referred to coal scam cases wherein Special leave petition was filed in the supreme court. No proceedings were stayed and trial completed but the SLP was not decided.