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2018 (10) TMI 1241 - HC - GSTGST default - Bail application - offence committed under Section 132(1)( c) read with Section 132(5) of the Central Goods & Services Act, 2017 - Relaxation and/or modification and/or waiver of the conditions of the bail - Held that - GST Authority and their Investigating Officer has failed to submit charge sheet against the petitioners and even no extension of time to complete the investigation has been sought for by them. The courts cannot extend investigation period under Section 167 of the Code of Criminal Procedure. This Court is pleased to relax the conditions of bail imposed by this Court s order dated July 12, 2018 so as to enable their release on bail as they have statutory right to be released and further bearing in mind the principles as to presumption of innocence and the right of liberty guaranteed under Article 21 of the Constitution of India and accordingly the petitioners be released on furnishing personal bond of ₹ 50,00,000/- each to the satisfaction of learned Additional Chief Judicial Magistrate, Sealdah - application disposed off.
Issues Involved:
1. Relaxation/Modification/Waiver of Bail Conditions 2. Statutory Right to Bail under Section 167 of the Code of Criminal Procedure 3. Comparison with Co-accused and Similar Cases 4. Economic Offences and Public Interest Issue-wise Detailed Analysis: 1. Relaxation/Modification/Waiver of Bail Conditions: The petitioners sought relaxation and/or modification and/or waiver of the bail conditions initially granted on July 9, 2018, and subsequently modified on July 12, 2018. The original bail conditions required furnishing a bail bond of ?50,00,000/- and depositing ?39 crore to the Government Exchequer. The conditions were later modified to a personal recognition bond of ?10 lakh each and the deposit of the evaded amount. Despite these modifications, the petitioners remained in custody as they could not meet the stringent conditions imposed. 2. Statutory Right to Bail under Section 167 of the Code of Criminal Procedure: The petitioners argued their statutory right to be released on bail under Section 167 of the Code of Criminal Procedure, as the GST Authority/Investigating Officer had not submitted a charge sheet. They cited several precedents where the courts emphasized that conditions for bail should not be punitive but should ensure the accused's presence during the trial. The court acknowledged the petitioners' statutory right to bail, noting the failure of the investigating authorities to file a charge sheet or seek an extension for the investigation period. 3. Comparison with Co-accused and Similar Cases: The petitioners referenced a co-accused who was granted anticipatory bail with less stringent conditions and cited various cases where courts found similar bail conditions unreasonable. For instance, in Sreenivasulu Reddy v. State of Tamil Nadu, the court emphasized that bail conditions should not be intended to effect recoveries from the accused. In multiple cases, including Sheikh Ayub v. State of M.P. and Shyam Singh v. State, the Supreme Court found financial conditions for bail to be unjustified and onerous. 4. Economic Offences and Public Interest: The prosecution argued that the petitioners, involved in economic offences, should remain in custody to serve public interest. However, the court rejected this argument, emphasizing the failure of the GST Authority to submit a charge sheet or seek an extension for investigation. The court underscored the principles of presumption of innocence and the right to liberty guaranteed under Article 21 of the Constitution of India. Conclusion: In light of the cited precedents and the statutory right to bail, the court relaxed the bail conditions imposed on July 12, 2018. The petitioners were ordered to be released on furnishing a personal bond of ?50,00,000/- each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sealdah. The court disposed of CRAN 2698 of 2018 and CRAN 2700 of 2018, ensuring the petitioners' release while upholding their constitutional rights.
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