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Bail Application—In the instant case, the petitioner filed this application for relaxation and/or modification and/or waiver of conditions of bail vide order dated 9th July, 2018 passed by this Court. The condition enshrined in the order is very severe condition and next impossible for the petitioner to comply with the condition.
Held that— The provisions as shown to this are undoubtedly very stringent nitty-gritty of laws of the provision in this Act. Even the provision under Sub- Section (2) of Section 138 which deals with compounding of offences, is also very stringent.
It appears that allegation against the petitioner Sanjay Kumar Bhawalka is that of evasion of 27 crore as of now, similarly, the evasion of GST as alleged against Neeraj Jain is a sum of 12 crore. Therefore, the condition for enlargement of bail to the petitioner on deposit of 39 crore to the Government Exchaquer through the competent authority is modified to the extent that Sanjay Kumar Bhuwalka the petitioner on condition shall deposit 50% of the evaded amount of 27 crore - Similarly, the petitioner Neeraj Jain would deposit 6 crore being the 50% of evaded amount of 12 crore as a condition to obtain bail - also, the condition of furnishing bond be modified to the sum of 10 lakh each which can be furnished by way of personal bond to be executed by the petitioners. [SANJAY KUMAR BHUWALKA AND NEERAJ JAIN VERSUS UNION OF INDIA] [2018] 2 TAXLOK.COM 193 (Calcutta)