2021 (9) TMI 1539 - HC - GST

Seeking bail application u/s 439 CrPC - Offences punishable under Sections 132(1)(b), (c) (f), (j), (k) and (1) r/w Section 132(5) of the Central Goods and Service Tax Act, 2017 - HELD THAT - The fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner u/s 439 CrPC. Accordingly, this bail application filed u/s 439 CrPC is allowed

Summary

Issues Involved:
Granting bail to the petitioner under Section 439 Cr.P.C.

Detailed Analysis:

1. Background and Charges:
The petitioner was arrested in connection with a case registered at the Directorate General of GST Intelligence for offenses under Sections 132(1)(b), (c), (f), (j), (k) and (1) read with Section 132(5) of the Central Goods and Service Tax Act, 2017. The petitioner filed a bail application under Section 439 Cr.P.C. citing his custody since 02.03.2021, which exceeded six months.

2. Arguments by Petitioner's Counsel:
The petitioner's counsel argued that the co-accused had already been granted bail by the Court and that the petitioner was being used by them to commit economic offenses. It was emphasized that the petitioner had been in custody for an extended period.

3. Arguments by Respondent's Counsel:
The respondent's counsel opposed the bail application, alleging that the petitioner was controlling the firm involved in claiming input tax credit wrongly worth crores of rupees without actual transportation of goods. The counsel highlighted that the investigation was ongoing.

4. Court's Consideration and Decision:
The Court noted that the petitioner had been in custody for more than six months, while the maximum punishment for the offenses was five years. Taking into account that the co-accused had been granted bail and considering the prolonged nature of legal proceedings, the Court deemed it appropriate to grant bail to the petitioner under Section 439 Cr.P.C. The Court clarified that the decision to grant bail did not imply an opinion on the merits of the case.

5. Bail Conditions:
The Court allowed the bail application and directed the release of the petitioner on bail upon executing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each. The petitioner was required to appear before the trial court on every hearing date and as requested until the trial's conclusion.

This detailed analysis outlines the circumstances, arguments, and the Court's rationale leading to the decision to grant bail to the petitioner in the mentioned case under Section 439 Cr.P.C.