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2024 (2) TMI 592 - HC - GSTSeeking grant of regular bail - petitioner was the part of the gang, which was engaged in operating a number of fake entities/firms - availment and passing of irregular credits - bogus sales - HELD THAT - The petitioner was arrested in the present case on 09.08.2023 and is in custody for the last about 06 months. Even though, the allegations levelled against the petitioner points towards the seriousness of the charge, however, the petitioner cannot be ordered to be incarcerated for an indefinite period. In fact, all the allegations levelled by the complainant are yet to be adjudicated by the trial Court during the course of trial and further custody of the petitioner will not serve any useful purpose. Without commenting any further on the merits, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned.
Issues involved:
The issues involved in this case are the grant of regular bail to the petitioner u/s 439 of the Cr. P.C. in a complaint case u/s 132 of the GST Act, 2017 pending in the Court of Chief Judicial Magistrate, Ludhiana. Details of the Judgment: Issue 1: Grant of Regular Bail The petitioner filed a petition seeking regular bail, contending that he was not directly involved in the alleged fraudulent activities of the Firm M/s Eren Traders Ludhiana. The petitioner's counsel argued that the petitioner was merely an employee of a co-accused and had no connection to the bank accounts or PAN number of the firm. It was further claimed that the documents implicating the petitioner were fabricated and inadmissible. The petitioner had been in custody since August 2023, and it was argued that his continued detention was unnecessary as the offenses were triable by a Magistrate. The court, considering the seriousness of the charges, granted bail to the petitioner, emphasizing that his prolonged incarceration was not justified pending trial. Issue 2: Allegations Against the Petitioner The State counsel and respondent No. 1 alleged that the petitioner was part of a gang involved in operating fake entities/firms, including M/s Eren Traders. It was revealed during the inquiry that the firm had engaged in fraudulent activities, including availing and utilizing Input Tax Credit (ITC) from cancelled GST registrations and showing bogus sales. The petitioner and his co-accused were accused of operating multiple fake firms, leading to serious financial irregularities. Conclusion After hearing arguments from both sides and examining the record, the court decided to grant bail to the petitioner without delving into the merits of the case. The petitioner was ordered to be released on bail upon furnishing bail bonds or surety bonds to the satisfaction of the trial court or concerned Magistrate. The court emphasized that the petitioner's continued custody served no useful purpose pending trial. This summary provides a detailed overview of the judgment, highlighting the key arguments presented by both parties and the ultimate decision of the court to grant bail to the petitioner.
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