2020 (7) TMI 807 - HC - GST

Seeking grant of regular bail - forged documents to create the profile of a non-existent Company and claimed GST refund - HELD THAT - Undoubtedly, the petitioner has committed serious offence, however, it cannot be lost sight of the fact that he has been in custody since 15.06.2019 and the trial is not likely to be concluded at an early date. The petitioner is undergoing magisterial trial, thus, it is deemed it appropriate to grant regular bail to the petitioner. The petition is allowed and the petitioner is directed to be released on regular bail on his furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

Summary

Issues: Application for advancing the date of hearing, Grant of regular bail in a criminal case involving serious offenses.

Advancing Date of Hearing:
The application was filed to advance the date of hearing to an earlier convenient date, which was allowed by the court. The respondent-State had no objection to the application. Consequently, the date of hearing in the main case was advanced to the same day, and the main case was taken on Board.

Grant of Regular Bail:
The petitioner sought regular bail in a case involving FIR No. 242 dated 05.03.2019, registered under various sections of the IPC at Police Station Chandni Bagh, District Panipat. The FIR alleged that the petitioner and his co-accused used forged documents to claim GST refund, causing a substantial loss to the State Exchequer. The petitioner had been in custody since 15.06.2019, with the trial progressing slowly. The defense argued that due to the extended custody and the slow trial progress, the petitioner deserved regular bail. The State counsel acknowledged the early stage of the trial but emphasized the seriousness of the offense and the existence of two similar pending cases against the petitioner. The court recognized the seriousness of the offense committed by the petitioner but also considered the prolonged custody and the slow trial pace. As the trial was at a magisterial stage, the court deemed it appropriate to grant regular bail to the petitioner, directing his release upon furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

This judgment showcases the balancing act courts often perform between the seriousness of the offense and the individual's right to liberty, considering factors such as the period of custody, stage of trial, and the nature of the offense.