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2019 (7) TMI 942 - HC - GSTGrant of Interim Bail - offences under Sections 131(1)(B)(C)(D)(F)(I) and (1) read with Sections 132(1) (I)(IV) of Goods and Services Tax Act 2017 - case of petitioner is that the wife of the petitioner has to undergo an operation and petitioner be granted interim bail for two months to enable him to get his wife operated - HELD THAT - As per the opinion of the Doctor, oral medicines can be prescribed for the problem faced by the wife of the petitioner and in case they fail, then surgery would be required. Patient was refusing to take medicines. In view of the medical report of the wife of the petitioner placed on record, no ground for grant of interim bail to the petitioner is made out - Petition dismissed.
Issues:
Petition for interim bail under Section 439 CrPC for offenses under GST Act due to wife's surgery. Analysis: The petitioner filed a petition seeking interim bail under Section 439 of the Criminal Procedure Code for offenses under the Goods and Services Tax Act. The offenses were specified under Sections 131(1)(B)(C)(D)(F)(I) and 132(1)(I)(IV) of the GST Act. The petitioner's request for bail was based on the need for his wife to undergo surgery, and he sought two months of interim bail for this purpose. The petitioner's counsel argued that the petitioner's wife required surgery, and therefore, the petitioner should be granted interim bail to facilitate the operation. On the other hand, the Additional Solicitor General contended that the wife could be treated with oral medications based on the doctor's opinion, and surgery would only be necessary if the medicines failed. However, the patient was reluctant to take the prescribed medicines. The court examined the medical report of the petitioner's wife, which was submitted as evidence. Based on the medical report, the court found no valid grounds to grant interim bail to the petitioner. Consequently, the court dismissed the petition for interim bail. Overall, the court dismissed the petition for interim bail under Section 439 of the CrPC, as the medical report did not establish sufficient grounds for granting bail to the petitioner.
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