2023 (2) TMI 882 - SC - GST

Seeking grant of bail - allegation of misuse of input credit under the Central Goods and Services Act, 2017 - huge loss to exchequer - HELD THAT - Resisting the plea for bail, Mr. Deepak Thukral, Deputy AG of Haryana submitted that the loss to the exchequer caused by the accused persons is to the extent of rupees six crores and no recovery has as yet been made. But for this reason above, further detention of the appellant pending trial is not necessary. The State has not filed any petition for special leave to appeal in regard to the co-accused who has been enlarged on bail by the High Court. The appellant are directed to be released on bail in connection with the subject-proceeding on such terms and conditions the Trial Court may deem fit and proper - appeal allowed.

Summary

Issues Involved:
Bail application based on misuse of input credit under the Central Goods and Services Act, 2017.

Detailed Analysis:

1. Detention of the Appellant: The appellant was arrested on the allegation of misusing input credit under the Central Goods and Services Act, 2017, and has been in detention since 27.01.2022. It was noted that a co-accused had already been granted bail on 29.06.2022. The appellant's counsel highlighted that the charge-sheet had been submitted. The Deputy AG of Haryana argued that the accused caused a loss of six crores to the exchequer, with no recovery made yet. Despite this, the court did not find further detention necessary pending trial, especially since no petition for special leave to appeal was filed by the State regarding the co-accused already on bail.

2. Grant of Bail: Considering the circumstances, the court set aside the previous order and directed the release of the appellant on bail in connection with the ongoing proceedings. The terms and conditions of the bail were left to the discretion of the Trial Court, emphasizing that the appellant must not delay the proceedings and should regularly attend court sessions.

3. Decision and Conclusion: The court allowed the appeal, leading to the appellant's release on bail. No costs were imposed in this matter. The judgment highlighted the importance of ensuring the appellant's presence in the Trial Court without causing any delays in the legal proceedings.

This judgment by the Supreme Court of India addressed the issue of bail in a case involving the misuse of input credit under the Central Goods and Services Act, 2017. The decision to grant bail to the appellant was based on the lack of necessity for further detention pending trial, especially considering the circumstances surrounding the case and the fact that a co-accused had already been granted bail. The court emphasized the need for the appellant to cooperate with the Trial Court and attend proceedings regularly, ultimately allowing the appeal and ordering the appellant's release on bail.