2019 (10) TMI 610 - HC - GST

Interim bail application - bail sought on humanitarian grounds as accused wife due to deliver very shortly - HELD THAT - Considering the facts that petitioner s wife is due to deliver within this week and on humanitarian grounds, it is deemed proper to allow the interim bail application of the petitioner for a period of fifteen days subject to petitioner surrendering his passport with the concerned Jail Superintendent. The accused-petitioner shall be released on interim bail for a period of fifteen days from the date of release - interim bail application allowed.

Summary

Issues:
Interim bail application under Section 439 of Cr.P.C. on humanitarian grounds due to wife's pregnancy and imminent delivery.

Analysis:
The petitioner filed an interim bail application under Section 439 of Cr.P.C. citing humanitarian grounds related to his wife's pregnancy and imminent delivery. The complaint pending against the petitioner before the Court of Chief Metropolitan Magistrate involved offenses under Sections 132(1), (b) (c), (f), (g), (k), (i) of Central Goods and Service Tax Act 2017 read with Section 69 CGST Act, punishable under Section 132(1)(i)(iv) of Central Goods and Service Tax Act, 2017 read with 132(5) of CGST Act. The petitioner's counsel argued that the petitioner's wife was expected to deliver in the last week of September 2019, emphasizing the importance of the husband's presence during the delivery due to the absence of the wife's parents in Jaipur to look after her.

The petitioner's counsel relied on the case of "Nandkumar Pandurang Ghadge vs. State of Maharashtra 2007 (23) R.C.R. (Criminal) 868" where interim bail was granted on humanitarian grounds due to the imminent delivery of the accused's wife. Despite opposition from the learned Public Prosecutor and the complainant's counsel, who highlighted the petitioner's alleged involvement in claiming fake currency inputs amounting to ?33 crore and the rejection of regular bail twice by the lower court, the court considered the contentions.

After considering the arguments presented, including the imminent delivery of the petitioner's wife and the humanitarian grounds invoked, the court deemed it appropriate to grant the petitioner's interim bail application for a period of fifteen days. The court ordered the petitioner to surrender his passport with the concerned Jail Superintendent and directed his release on interim bail for fifteen days, with the condition to surrender after the expiry of the interim bail period. The petitioner was required to furnish a personal bond of ?10,00,000 and two sureties of ?5,00,000 each to the satisfaction of the trial court.