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TMI Blog2020 (10) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... : Mr. Siddharth Ranka Advocate through Video Conferencing ORDER Vide this order, abovementioned two bail petitions would be disposed of. Petitioners have filed these petitions under Section 439 of Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 15/2018 registered at Police Station DGGI, GST, Jaipur (Raj.) for offences under Sections 132(1) (b) (c) (d) (f) (i) and (l) read with Section 132 (1) (i) (iv) and read with sub-section (5) of the Central Goods and Services Tax Act, 2017. Learned counsel for the petitioners have submitted that the petitioners are in custody since 03.08.2018. Maximum punishment that can be awarded is sentence of five years. Hence, the petitioners were entitled to be released on bail. Case is l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eady filed before the Special Judge, CBI, New Delhi. Therefore, their presence in the custody may not be necessary for further investigation. We are of the view that the appellants are entitled to the grant of bail pending trial on stringent conditions in order to ally the apprehension expressed by CBI. 47. In the view we have taken, it may not be necessary to refer and discuss other issues canvassed by the learned counsel for the parties and the case laws relied on in support of their respective contentions. We clarify that we have not expressed any opinion regarding the other legal issues canvassed by the learned counsel for the parties. 48. In the result, we order that the appellants be released on bail on their executing a bond wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ture. After thorough investigation of the case it transpired that accused had created 75 fake firms and had issued GST invoices of taxable value of Rs. 1163,13,39,281/- involving GST of Rs. 102,18,27,034/- without any physical movement of goods. Although in the present case allegations levelled against the petitioners are serious in nature but the fact remains that the petitioners are in custody for the last more than two years and admittedly maximum punishment to be imposed on the accused, if convicted, is five years. Complaint in the present case was filed in the year 2018, whereas, the investigation has been concluded in July, 2020. Now the case is listed before the trial court for recording of pre-charge evidence and the trial may not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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