2021 (6) TMI 106 - HC - GST

Grant of Interim Bail - Constitution of High Power Committee - HELD THAT - On perusal of direction issued by HPC on 30.4.2021, it is found that no such condition on the basis of which impugned order has been passed by Special Chief Judicial Magistrate, Meerut, therefore, impugned order lacks merit and is liable to be quashed. The order dated 10.5.2021 passed by Special Chief Judicial Magistrate, Meerut is quashed and petition is allowed.

Summary

Issues:
1. Impleading of Special Chief Judicial Magistrate as respondent.
2. Interpretation of directions issued by High Power Committee for release of prisoners on parole/interim bail.
3. Legality of rejection order by Special Chief Judicial Magistrate.
4. Compliance with directions of High Power Committee.

Impleading of Special Chief Judicial Magistrate as respondent:
The counsel for the petitioner requested the deletion of the Special Chief Judicial Magistrate, Meerut as a respondent due to a mistake, which was not objected by the learned Additional Advocate General. Consequently, the Special Chief Judicial Magistrate was removed from the array of respondents.

Interpretation of directions issued by High Power Committee for release of prisoners on parole/interim bail:
The petitioner was arrested under specific sections of the CGST Act and sought release on parole/interim bail for 60 days in accordance with the directions issued by the High Power Committee (HPC) due to the COVID-19 pandemic. The petitioner argued that the rejection order by the Special Chief Judicial Magistrate was contrary to the HPC's directions as no specific conditions were present in the said directions that warranted the rejection of the bail application.

Legality of rejection order by Special Chief Judicial Magistrate:
The learned Senior Advocate contended that the rejection order by the Special Chief Judicial Magistrate was not in line with the directions issued by the HPC and that the petitioner was entitled to release on parole/interim bail for 60 days under the given circumstances. The Additional Advocate General agreed that the impugned order lacked merit and should be quashed, suggesting a remand back to the Special Chief Judicial Magistrate for a fresh order in compliance with the HPC's directions.

Compliance with directions of High Power Committee:
Upon reviewing the submissions and the HPC's directions, the judge found no basis for the rejection order by the Special Chief Judicial Magistrate. Consequently, the order dated 10.5.2021 was quashed, and the petition was allowed. The Special Chief Judicial Magistrate, Meerut, was directed to reconsider the petitioner's application and issue a reasoned order within one week in strict accordance with the HPC's directions issued on 30.4.2021.