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2021 (4) TMI 980 - SCH - GSTGrant of Interim Bail - learned Senior Advocate further submits that his client shall file an Undertaking within five days to the effect that she shall not create any encumbrance with respect to the properties of the business as well as her personal properties till further orders and that his client will deposit the amount representing the admitted duty element - HELD THAT - Issue notice, returnable on 10.05.2021 subject to conditions imposed.
Issues: Bail conditions, Undertaking to not create encumbrance on properties, Deposit of sum with authorities
Bail Conditions: The petitioner, a widow with five daughters, was arrested and has been in custody since 19.01.2021. The Charge-sheet was filed on 16.03.2021. The petitioner's counsel submitted that the client would file an Undertaking within five days to ensure no encumbrance on business or personal properties until further orders and would deposit the admitted duty element. Considering the circumstances, the court issued notice returnable on 10.05.2021 with conditions: (1) depositing ?1 crore with authorities by 10.05.2021 and filing proof in the Registry, and (2) filing the Undertaking within five days. The petitioner was granted ad interim bail pending further consideration, subject to satisfaction of the Trial Court, and was to be produced before the Trial Court within three days for appropriate bail conditions. Undertaking to Not Create Encumbrance on Properties: The petitioner's counsel assured that an Undertaking would be filed within five days to ensure no encumbrance on the properties of the business and personal properties until further orders. This Undertaking was a condition set by the court for granting bail to the petitioner. Deposit of Sum with Authorities: One of the conditions imposed by the court was for the petitioner to deposit a sum of ?1 crore with the concerned authorities by 10.05.2021 and to file appropriate proof in the Registry of the Court. This deposit requirement was part of the bail conditions set by the court for the petitioner's release.
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