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TMI Blog2020 (6) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner submits that the co-accused petitioners were arrested on 1st March, 2019 and a complaint has been filed in the Court of Chief Metropolitan Magistrate (Economic Offences), Jaipur for offence under Sections 132(1)(b)(c)(f)(j) and (i) of the Central Goods and Services Tax Act, 2017. After having conducted investigation as against the accused petitioners, the documents have already been seized and have been placed before the concerned Court. Learned counsel has invited attention of this Court to the list of documents and description, which are in all 87 in number. Learned counsel submits that the allegation against the petitioners is of having issued invoices gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id down, which the petitioners will abide. 6. Per contra, learned counsel appearing for the Revenue strongly opposes the bail application and submits that the petitioners have committed a huge economic offence and huge amount of CGST has been evaded resulting a huge loss of revenue since fraudulent and forged invoices were issued in relation to 34 companies, petitioners created ghost companies which were fraudulent and created only for the purpose of issuing such invoices resulted in giving benefit to as many as 1878 customers in different 21 states. Learned counsel submits that out of the said customers, 321 customers are those who are residing outside Rajasthan. 7. Learned counsel submit that the Revenue Department has recovered Rs. 30 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the discretion of the Court. The grant or denial is regulated, to a large extent, by the facts and circumstances of each particular case. But at the same time, right to bail is not to be denied merely because of the sentiments of the community against the accused. The primary purposes of bail in a criminal case are to relieve the accused of imprisonment, to relieve the State of the burden of keeping him, pending the trial, and at the same time, to keep the accused constructively in the custody of the Court, whether before or after conviction, to assure that he will submit to the jurisdiction of the Court and be in attendance thereon whenever his presence is required. 46. We are conscious of the fact that the accused are charged with eco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... If they want to remain absent, then they shall take prior permission of the court and in case of unavoidable circumstances for remaining absent, they shall immediately give intimation to the appropriate court and also to the Superintendent, CBI and request that they may be permitted to be present through the counsel. c. They will not dispute their identity as the accused in the case. d. They shall surrender their passport, if any (if not already surrendered), and in case, they are not a holder of the same, they shall swear to an affidavit. If they have already surrendered before the Ld. Special Judge, CBI, that fact should also be supported by an affidavit. e. We reserve liberty to the CBI to make an appropriate application for modifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld be taken. 15. Keeping in view that the petitioners are already in jail for 450 days and no further investigation or recovery is to be made for the purpose of the case(supra)and keeping in view the law laid down by the Apex Court as well as by this Court as noticed above, I am inclined to release the petitioners on bail with conditions as laid down by the Apex Court as noted above. 16. Taking into consideration the overall facts and circumstances of the case, but without commenting on merits of the case, I deem it just and proper to enlarge the petitioners subject to submitting a bail bond in the sum of Rs. 1,00,000/- along with one surety of the like amount subject to the following conditions. "a. The appellants shall not directly o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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