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2020 (9) TMI 881 - HC - GSTBail application - input tax credit - only difference between the case of the petitioner and co-accused is of the quantum involved - HELD THAT - Taking note of the fact that maximum sentence involved is five years and petitioner has remained in custody for a period of 19 months and also taking note of the fact that matter is still at the stage of pre-charge evidence and co-accused has been enlarged on bail by this Court, it is deemed proper to allow the fourth bail application. This fourth bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of ₹ 10,00,000/- together with two sureties in the sum of ₹ 5,00,000/- each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
Issues: Bail application under Section 439 of Cr.P.C. for offenses under CGST Act, 2017.
The judgment addresses the fourth bail application filed by the petitioner under Section 439 of the Criminal Procedure Code for offenses under the Central Goods and Service Tax Act, 2017. The petitioner is accused of offenses under Sections 132(1)(b)(c)(f)(g)(k) and (I) of the CGST Act, punishable under Section 132(1)(i) and (iv) of the same Act. The petitioner has been in custody for 19 months, with the case still at the pre-charge evidence stage. The counsel argues that the maximum punishment is five years, and only two witnesses have been examined out of 14 so far. The co-accused has been granted bail by the Court, with the main difference being the quantum involved in the case. The Union of India opposes the bail application, citing allegations of passing input tax credit worth ?33 crores, of which ?13 crores have been recovered from the beneficiaries. However, the Court notes that the maximum sentence for the offenses is five years, and considering the time spent in custody, the stage of the case, and the bail granted to the co-accused, the Court deems it appropriate to grant bail. The Court imposes the condition that the petitioner surrenders his passport and obtains prior permission from the Court before leaving India. In conclusion, the fourth bail application is allowed, and the petitioner is directed to furnish a personal bond of ?10,00,000 and two sureties of ?5,00,000 each to the satisfaction of the trial court. The petitioner must appear before the Court and any subsequent court hearings and surrender his passport as part of the bail conditions.
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