2021 (3) TMI 1278 - HC - GST

Seeking grant of Bail - offence under section 132(1)(b)(c)(f)(i) of the CGST Act - HELD THAT - Keeping in view the surrounding circumstances including the long period of detention of the Petitioner in Custody, the factum of completion of investigation as also the punishment prescribed for the offence and when the Petitioner aged about 71 years has his permanent residence at Rourkela and the case mainly rests on documentary evidence, this Court being of the view that further detention of the Petitioner would serve no useful purpose, is inclined to reconsider the prayer for grant of bail to the Petitioner. It is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the Court in seisin of the case with conditions imposed - application allowed.

Summary

Issues: Bail application under section-439 Cr.P.C. for release of petitioner in connection with alleged offence under section 132(1)(b)(c)(f)(i) of the CGST Act.

Analysis:
The petitioner, in custody in connection with a case under the CGST Act, filed a bail application under section-439 Cr.P.C. before the learned S.D.J.M., Panposh, Rourkela. The High Court, after hearing both the petitioner's counsel and the Senior Standing Counsel (CGST), considered the submissions and surrounding circumstances. The Court noted the completion of investigation, the punishment prescribed for the offence, the petitioner's age (71 years), and his permanent residence at Rourkela. Emphasizing that the case mainly relies on documentary evidence, the Court concluded that further detention of the petitioner would serve no useful purpose. Therefore, the Court was inclined to reconsider the prayer for grant of bail to the petitioner.

The High Court, based on its assessment, directed the release of the petitioner on bail in the aforementioned case. The Court imposed specific terms and conditions for the bail, including restrictions such as not leaving the jurisdiction of the District of Sundargarh without prior permission, refraining from influencing witnesses or tampering with evidence, and appearing in person before the Court on every date of the case posting until the trial's conclusion, except under exceptional circumstances approved by the Court. The Court explicitly stated that any violation of these conditions would lead to the cancellation of bail.

Consequently, the High Court disposed of the Bail Application and instructed the issuance of an urgent certified copy in compliance with the rules.