2021 (8) TMI 890 - HC - GST

Seeking grant of bail - grievance of the petitioner is that the respondent has been arrested in a socio-economic offence and thus, could not have been released on bail at least until investigation was completed - HELD THAT - List on 16th December, 2021. In the meantime, the competent officer of the petitioner will file an affidavit indicating as to whether the petitioner was in a position to file complaint within a period of 60 days from the arrest of the respondent so that the respondent would not have been entitled to a statutory bail like the co-accused.

Summary

Issues Involved:
1. Exemption from attested affidavit
2. Placing additional grounds and documents on record
3. Challenge to bail granted in a socio-economic offense

Exemption from Attested Affidavit:
In CRL.M.A. 11294/2021, the exemption was allowed subject to exceptions. The application was disposed of. Similarly, in CRL.M.A. 11295/2021, the petitioner was directed to file an attested affidavit of the competent officer within two weeks. The application was disposed of after compliance with the direction.

Placing Additional Grounds and Documents on Record:
CRL.M.A. 11293/2021 involved the petitioner seeking to place additional grounds and documents on record. The court accepted the additional grounds and documents, and the application was disposed of accordingly.

Challenge to Bail Granted in a Socio-Economic Offense:
In CRL.M.C. 1242/2021, the petitioner challenged the order granting bail to the respondent in a socio-economic offense. The petitioner argued that the respondent, arrested for evasion of duty amounting to approximately ?831 crores on a banned item, should not have been granted bail until the investigation was completed. The petitioner highlighted that a co-accused, with allegations of evasion of duty amounting to ?415 crores, was not granted bail until after 60 days. The court issued notice, and the respondent accepted it. The petitioner was directed to file a reply affidavit within four weeks, followed by a rejoinder affidavit. The matter was listed for further hearing on a specified date. Additionally, the competent officer of the petitioner was required to file an affidavit indicating the petitioner's ability to file a complaint within 60 days from the respondent's arrest to determine entitlement to statutory bail. The order was to be uploaded on the court's website.

This judgment reflects the court's consideration of various applications for exemption, additional filings, and a challenge to bail in a socio-economic offense, emphasizing the importance of procedural compliance and legal arguments in such matters.