The Central Bureau of Investigation has recently filed an affidavit before the Supreme Court opposing the application filed by Aam Aadmi Party (AAP) leader Manish Sisodia, seeking bail to take care of his ailing wife, in the CBI and ED cases arising out of the alleged Delhi excise policy scam.

The affidavit filed through the Superintendent of Police, Anti Corruption Branch of the CBI states that the ailments of Manish Sisodia's wife are not new and that the treatment has been ongoing for the past 23 years. The Affidavit further says that Manish Sisodia had earlier also filed an application before the Delhi High Court seeking interim bail on identical grounds, however, it was withdrawn when the High Court had pointed out that Sisodia suppressed vital information in relation to the discharge of his wife from the hospital.

"However, the Petitioner withdrew the same after it was pointed out before the Hon'ble High Court that the Petitioner had suppressed vital facts in relation to the discharge of his wife from the hospital. Furthermore, while withdrawing the said Application, the Petitioner also stated before the Hon'ble High Court that the condition of his wife was stable," reads the Affidavit filed by the CBI.

The CBI has further relied upon the order of the Special Judge CBI, who had while rejecting Manish Sisodia's bail application on March 31, 2023, noted that, "Though even medical condition of wife of the applicant has been sought to be made a ground for grant of bail to him, but it is observed that though the neurological or mental illness of wife of applicant is claimed to be around 20 years old, but the documents filed on record in support thereof are found to be of the years 2022-23 only. Moreover, the condition of wife of the applicant as revealed through these documents cannot be considered to be severe or serious enough to release the applicant on bail and the same also cannot be taken to mean that she cannot take care of herself or has to necessarily taken care of by the applicant only."

It has further been submitted to the Supreme Court by the CBI that Manish Sisodia is the kingpin and architect of the conspiracy in the case and that his influence and clout disentitle him to any parity. "Petitioner is fully aware of the line of further investigation, including the larger conspiracy and role of excise officials of Punjab. There is every likelihood that in case the Petitioner is released on bail, he shall tamper with the evidence and influence witnesses, more specifically in light of his past conduct," reads the affidavit.

The CBI's Affidavit emphasizes the influence of Manish Sisodia by pointing out that, "Such apprehensions are fortified more specifically when the file relating to the Excise Department containing the cabinet note dated 28.01.2021 remains missing. Additionally, the Petitioner also destroyed his mobile phone on the day the present matter was referred by the Ministry of Home Affairs to the CBI on 22.07.2022."

The Supreme Court had on July 14, 2023, issued notice on the plea filed by Sisodia seeking bail. The Court had orally observed that it can consider the application seeking interim bail on medical grounds of Sisodia's wife. "On medical reasons yes but because of the status of", remarked Justice Khanna.

On June 5, the Delhi High Court had allowed Sisodia to meet his ailing wife for one day, it was noted that, "However, at the same time this Court feels that the Petitioner should get an opportunity to meet his wife. Therefore one day as per the convenience of Mrs. Seema Sisodia, the petitioner be taken to his residence/hospital if she is admitted in the hospital, from 10 AM to 5 PM, in custody."

Cause Title: Manish Sisodia vs. CBI [SLP(Crl.) No.8167/23 & 8188/23]