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2021 (6) TMI 375 - HC - GSTMaintainability of petition - seeking relief from Bail conditions - prayer for withdrawal of the conditions of heavy surety and bank guarantee/FDR - GST fraud - availing Input Tax Credit on the strength of fake invoices - HELD THAT - It may be mentioned here that admittedly the petitioner had filed a revision petition before the Court of Sessions challenging such conditions. However, it was withdrawn abruptly. The petitioner had taken recourse to proper legal remedy but for the reason best known to him, did not opt to pursue the revision and withdrew it. As far as his approaching this Court under Section 482 Cr.P.C., it needs to be mentioned here that Section 482 Cr.P.C. which saves inherent powers of the High Court, is not a panacea for all the ills. The litigant should adopt a proper mechanism provided under the law for redressal of his grievances, instead of not doing so and rushing to this Court asking it to interfere in the matter, exercising the power under Section 482 Cr.P.C. If such practice is allowed, then the litigants would rush to this court moving petitions under Section 482 Cr.P.C., in a hope to get early decision, instead of availing of the remedy provided under the law - there are no reason to use the power under Section 482 Cr.P.C. since the conditions imposed cannot be terms to be onerous, arbitrary or stringent. There are no reason to use the power under Section 482 Cr.P.C. since the conditions imposed cannot be terms to be onerous, arbitrary or stringent.
Issues: Application for pre-ponment of hearing in the main petition; Challenge to conditions of bail; Invocation of Section 482 Cr.P.C.
Pre-ponment of Hearing: The judgment addresses an application for pre-ponment of the hearing in the main petition. The petitioner sought to advance the hearing date, which was originally fixed for a later date. The application was accepted, and the main petition was pre-poned and taken up on the day of the application. This issue was resolved promptly by the court. Challenge to Conditions of Bail: The main issue in the judgment revolves around the challenge to the conditions of bail imposed on the petitioner. The petitioner, accused in a serious economic offense related to GST fraud, found the conditions of heavy surety and bank guarantee to be stringent and onerous. The petitioner approached the court under Section 482 Cr.P.C., seeking withdrawal of these conditions. The court analyzed the circumstances and concluded that the conditions imposed were necessary to ensure the petitioner's presence in court, prevent tampering with evidence, and deter absconding. The court highlighted the seriousness of the offense and the significant financial implications involved, justifying the stringent bail conditions. Invocation of Section 482 Cr.P.C.: The judgment also delves into the invocation of Section 482 Cr.P.C. The court emphasized that this provision is not a universal remedy for all legal issues and should not be used as a shortcut to bypass the proper legal mechanisms available for grievance redressal. The court underscored the importance of following the prescribed legal procedures and mechanisms before resorting to Section 482 Cr.P.C. The court dismissed the petitioner's plea under this section, emphasizing the need to adhere to established legal processes. In conclusion, the judgment addresses the application for pre-ponment of hearing, the challenge to bail conditions, and the invocation of Section 482 Cr.P.C. The court upheld the stringent bail conditions considering the gravity of the economic offense involved and emphasized the importance of following proper legal procedures for seeking redressal. The judgment provides a detailed analysis of the circumstances and legal principles governing the issues at hand, ultimately dismissing the petitioner's plea.
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