It is directed that the petitioner be released on bail on furnishing a bail bond
Section 132 of the CGST Act, 2017— Bail ---The petitioner filed bail application and challenged written arrest memo dated 13.03.2020 by which he was arrested on 12.03.2020 and has since been in custody. The respondent alleged that the petitioner firm has availed/utilized bogus ITC of Rs. 2.48 crores on the strength of fake purchase invoices and have passed on bogus ITC of 2.48 crores. The petitioner counsel submitted that he has been in custody since 12.3.2020 and in the meantime charge sheet was filed on 07.05.2020. No purpose would be solved by keeping the petitioner in custody since he has been examined and all the relevant evidences required for adjudication are now on record. He is willing to co-operate with the prosecution as and when required. The court observed that once the charge-sheet has been filed the presence of the accused may not be required to take the prosecution to its logical conclusion. It would difficult to pre-judge at the stage of hearing an application for bail what the ultimate punishment imposed would be. In such circumstances, keeping an accused in custody, might not ultimately achieve the ends of justice
Held that:- The Hon’ble High Court directed that the petitioner be released on bail, on certain conditions, on furnishing a bail bond of Rs. 5,00,000/- with one surety for the like amount to the satisfaction of the learned trial court.
It is directed that the petitioner be released on bail on furnishing a bail bond
Section 132 of the CGST Act, 2017— Bail ---The petitioner filed bail application and challenged written arrest memo dated 13.03.2020 by which he was arrested on 12.03.2020 and has since been in custody. The respondent alleged that the petitioner firm has availed/utilized bogus ITC of Rs. 2.48 crores on the strength of fake purchase invoices and have passed on bogus ITC of 2.48 crores. The petitioner counsel submitted that he has been in custody since 12.3.2020 and in the meantime charge sheet was filed on 07.05.2020. No purpose would be solved by keeping the petitioner in custody since he has been examined and all the relevant evidences required for adjudication are now on record. He is willing to co-operate with the prosecution as and when required. The court observed that once the charge-sheet has been filed the presence of the accused may not be required to take the prosecution to its logical conclusion. It would difficult to pre-judge at the stage of hearing an application for bail what the ultimate punishment imposed would be. In such circumstances, keeping an accused in custody, might not ultimately achieve the ends of justice
Held that:- The Hon’ble High Court directed that the petitioner be released on bail, on certain conditions, on furnishing a bail bond of Rs. 5,00,000/- with one surety for the like amount to the satisfaction of the learned trial court.