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TMI Blog2020 (12) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... rd supply of ₹ 355 corers involving ITC amounting to ₹ 65 crores, they had shown Outward supply of ₹ 1560 corers attracting ITC of ₹ 274 crores. It has also been alleged that on the basis of above fake ITCs of ₹ 274 crores, certain other companies had also availed refund/adjustment of the above amount of tax in relation to their import and export transactions and thus, a huge financial loss has been caused to the department. It has also been brought to notice of this court that previously also the applicant has been involved in a case of banking fraud valuing more than ₹ 2 corers at Gurugram, Haryana, though she stated to be on bail in the said case. Application for interim bail is dismissed. - Bail Application No. 1596/2020 - - - Dated:- 21-8-2020 - (M.K. NAGPAL) ROSTER JUDGE AD SJ/PO-MACT PHC/NEW DELHI Present: Sh. P.C. Aggarwal, Ld. SPP for DGGI through VC. IO concerned through VC. Sh. Naveen Kohar, Ld. Counsel for the applicant/accused. This application has been filed on behalf of the applicant seeking her interim bail for a period of 45 days in view of the directions/ guidelines dated 31.07.2020 of the High Powered C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2019, i.e. for a period of more than 1 year. It has further been submitted that though the applicant has been made accused for causing huge revenue loss of several crores to the department/DGGI, but not even a single penny has been released to the applicant by government and the entire theory of cheating of such a huge amount is speculative. It is further argued that Ld. CMM, PHC, ND has wrongly rejected the application for interim bail of the applicant filed on the basis of above guidelines vide his order dated 11.08.2020, while wrongly placing reliance upon the judgment dated 10.08.2020 of the Hon'ble High Court in the case Malvinder Mohan Singh Vs State of NCT of Delhi Anr. in W.P. (Crl) 814/2020. On the other hand, Ld. SPP appearing for the department has argued that allegations against the applicant are serious in nature as she had fraudulently issued and passed on fake ITCs valuing for a huge amount of ₹ 274 crores approximately resulting in huge financial losses to the government. It has also been argued that the applicant was an active director of M/s Fortune Graphics Ltd., i.e. the company which is involved in above fraudulent transactions, and even hus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cing trial or any other relevant factor, which the Committee may consider appropriate. It has been observed that in the above said Writ Petition, the Hon'ble High Court was seized of the issue of constitutional validity of the above guidelines laid down by the High Powered Committee from time to time as though through these guidelines they had relaxed the criteria for release of UTPs on interim bail of 45 days to decongest the jails for preventing spread of Covid 19 pandemic, but serious kinds of cases being investigated by different agencies were directed to be kept out of purview of the said guidelines. The relevant extracts of the above guidelines dated 28.03.2020 are being reproduced herein below:- ITEM NO.3 :- DETERMINING FRESH CATEGORY OF UNDER TRIAL PRISONERS WHO CAN BE RELEASED ON INTERIM BAIL :- Kanwal Jeet Arora, Member Secretary informed the Committee, that immediately on receipt of letter from Govt. of NCT of Delhi regarding formation of present Committee, he on being directed by Hon ble Chairperson had requested D.G. (Prisons) through the letter dated 26.03.2020 to furnish requisite information for the impact analysis on the proposed relaxed cri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C Act/PMLA and those investigated by CBI/ED/NIA/Special Cell Police/Crime Branch/SIFO and terror related cases under Anti-national Activities and Unlawful Activities (Prevention Act) etc. Though Ld. Counsel for the applicant is right in making a submission that cases under the Customs Act or CGST Act have not been specifically excluded from operation of the above guidelines, along with the above prescribed category of cases, but it can be seen that the spirit and intention behind laying down the above criteria and guidelines by the High Powered Committee was only to direct release of certain kinds of inmates only on interim bail for preventing spread of Covid 19 pandemic and to secure decongestion of the jails, who were not facing serious charges for personal offences and also serious economic offences. Though Ld. Counsel for the applicant is also right in making the submission that even the above judgment passed by the Hon'ble High Court in the case of Malvinder Mohan Singh (supra) has been delivered in a case under PMLA and it was investigated by the Enforcement Directorate, but the above observations made by the Hon'ble High Court in its above judgment, which have also b ..... 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