This Court deems it just and proper to enlarge the petitioner on bail. Accordingly, the bail application is allowed.
Section 132 of the CGST Act, 2017 — Bail – The petitioner prayed for bail application for the offence under Section 132 of the Act, 2017. The counsel for the petitioner submitted that he has falsely been implicated in this case. There has been violation of the mandatory provisions, while effecting arrest of the petitioner, who is in custody since 16.07.2020, complaint has already been filed on 16.09.2020 after completion of investigation, no notices for adjudication of the tax liability as stipulated under Sections 73 and 74 of the Act has been served upon. The maximum punishment which can be awarded under the Act of 2017 is five years. The counsel for the respondent submitted that allegation against the petitioner is of tax evasion of Rs. 42.82 crores, the investigation is still continuing. The court observed that considering length of custody of the petitioner, the maximum punishment awardable being five years, offences being compoundable, filing of the complaint against the petitioner after completion of the investigation and absence of criminal antecedents, they deem it to enlarge the petitioner on bail.
Held that:- The Hon’ble High Court allowed the bail application and directed that the petitioner shall be released on bail subject to certain conditions.
This Court deems it just and proper to enlarge the petitioner on bail. Accordingly, the bail application is allowed.
Section 132 of the CGST Act, 2017 — Bail – The petitioner prayed for bail application for the offence under Section 132 of the Act, 2017. The counsel for the petitioner submitted that he has falsely been implicated in this case. There has been violation of the mandatory provisions, while effecting arrest of the petitioner, who is in custody since 16.07.2020, complaint has already been filed on 16.09.2020 after completion of investigation, no notices for adjudication of the tax liability as stipulated under Sections 73 and 74 of the Act has been served upon. The maximum punishment which can be awarded under the Act of 2017 is five years. The counsel for the respondent submitted that allegation against the petitioner is of tax evasion of Rs. 42.82 crores, the investigation is still continuing. The court observed that considering length of custody of the petitioner, the maximum punishment awardable being five years, offences being compoundable, filing of the complaint against the petitioner after completion of the investigation and absence of criminal antecedents, they deem it to enlarge the petitioner on bail.
Held that:- The Hon’ble High Court allowed the bail application and directed that the petitioner shall be released on bail subject to certain conditions.