2021 (5) TMI 1057 - SCH - GST

Grant of ad-interim relief of release on bail - appellant submits that apart from Rs.1 Crore deposited pursuant to the direction issued on the last occasion, the appellant has also deposited a sum of Rs.53 Lakhs. He further submits that his client be given some time to deposit the balance amount so as to make up Rs.3,85,20,886/- - HELD THAT - The order dated 22.04.2021 absolute. The relief of bail shall be available to the appellant during the pendency of trial of Case No.167 of 2020. It is made clear that the effect of the Undertaking shall continue to be operative till the proceedings are disposed of by the concerned authorities. Appeal allowed.

Summary

Issues:
Grant of bail, payment of duty, extension of time for deposit

Grant of Bail:
The Supreme Court granted leave in an appeal against the final judgment of the High Court of Judicature at Allahabad in a criminal bail application. The appellant was granted ad-interim relief of release on bail after certain conditions were laid down. The appellant, represented by a learned Senior Advocate, had deposited a portion of the duty payable and requested time to deposit the balance amount. The Court accepted the request and granted the appellant three months to make the appropriate deposit. The order dated 22.04.2021 providing bail relief to the appellant during the trial pendency was made absolute.

Payment of Duty:
The learned ASG drew attention to the appellant's claim regarding the duty payable amounting to Rs.3,85,20,886/-. The appellant, through the Senior Advocate, informed the Court about the deposit of Rs.1 Crore and an additional Rs.53 Lakhs. The appellant was given three months to deposit the remaining balance to reach the total amount due. The Court accepted this request and allowed the appellant time to fulfill the duty payment obligation.

Extension of Time for Deposit:
The appellant's request for an extension of time to deposit the balance amount was granted by the Court. The appellant was given three months to make the appropriate deposit to meet the total duty payable. The Court made it clear that the relief of bail would be available to the appellant during the trial of Case No.167 of 2020, and the effect of the Undertaking would continue until the proceedings were concluded by the relevant authorities. The appeal was allowed, and any pending applications were disposed of accordingly.