2021 (8) TMI 471 - HC - GST

Cancellation of anticipatory bail granted - non-compliance with the condition within the time stipulated by this Court - HELD THAT - While imposing the condition by this Court specifically stated that if any of the condition failed to be complied with by the respondents / accused, the petition for anticipatory bail shall stand dismissed. Though the learned counsel for the respondents/ accused submitted that writ petition was filed challenging the initiation of proceedings under GST Act and the same was allowed, aggrieved by the same, the petitioners have filed writ appeal and it is pending before the Hon'ble Division Bench of this Court. However, while granting anticipatory bail to the respondents, this Court specifically ordered that if the respondents / accused failed to comply with the conditions imposed by this Court, the anticipatory bail granted to the respondents shall stand automatically cancelled. These criminal original petitions are disposed of.

Summary

Issues:
Petitions to cancel anticipatory bail granted to the respondent in multiple cases.

Analysis:
1. The High Court granted anticipatory bail to the respondent in several cases and imposed specific conditions. The petitioners were directed to deposit a substantial sum jointly in a specified file within a set timeframe, along with executing separate bonds with sureties. The conditions also required the petitioners and sureties to provide identification documents and photographs, deposit additional amounts, and report to the police regularly for interrogation.

2. The respondents failed to comply with the imposed conditions within the stipulated time. They filed a petition seeking relaxation of the conditions, which was denied by the Court. The Court, however, extended the deadline by an additional 12 weeks for compliance. The petitioners sought cancellation of anticipatory bail on the grounds of non-compliance by the respondents.

3. The petitioners argued that the respondents' failure to adhere to the conditions warranted cancellation of anticipatory bail, as per the Court's initial order. Despite claims by the respondents that they had challenged proceedings under the GST Act through a writ petition, the Court emphasized that non-compliance with the bail conditions would result in automatic cancellation of anticipatory bail.

4. Considering the persistent non-compliance by the respondents with the imposed conditions, the Court dismissed the anticipatory bail petitions filed by the respondents. The petitioners were granted liberty to take further legal action against the respondents as per the law. The Court disposed of the criminal original petitions with these observations.