2021 (1) TMI 1203

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..... bject of the is secure the presence of the accused before the trial. Thus, seeing the quantum of sentence accused is likely to face, gravity of the offence, the liberty of an individual being involved, the period of custody of the accused, this court is of the considered opinion that the applicant / accused is entitled for concession of regular bail in this case. The applicant namely, Shri Nimish Niranjan Siria, is ordered to be released - Application allowed.
DHARMENDER SINGH 3RD ADDITIONAL DISTRICT & SESSIONS JUDGE VALSAD AT VAPI Appearance Mr. P. J. Desai, Ld. Advocate for the applicant. Mr. A. A. Shaikh, Special P.P. for opponent State. O R D E R 1. Wide this order this court is desiding the regular bail application u/s 439 of .....

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..... he applicant / accused on bail. He further argued that, the offence committed by the applicant would affect the economy of this country and he is not entitled for any kind the mercy. He further argued that the allegation against the applicant is very serious nature. He further argued that the applicant made a statement before the arresting officer which is admisible in Evidence. He further argued that the arrest of the applicant had been carried out according to the Law and procedure and prayed for dismissal of the bail. The Ld. counsel put reliance on following Judgements: (a) Y. S. Jagan Mohan Reddy vs. Central Bureau of Investigation, Criminal Appeal No. 730 of 2013, Decided on 24/01/2013. Supreme Court of India. (b) Writ Petition No .....

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..... opponent. 7. It was held by the Apex Court in case of Sanjay Chandra v. Central Bureau of Investigation AIR 2012 SC 830 that bail is the rule and committal to jail an exception. Further, refusal of bail is a restriction on the personal of individual guaranteed under Article 21 of Constitution of India. 8. This court observes that the offence is triable by the Magistrate and trial will take long time. Further, as per section 132 (2) of CGST, Act. the maximum punishament is five years and the allegation against the applicant is yet to be established during the trial and trial will take long time. Further the object of the is secure the presence of the accused before the trial. Thus, seeing the quantum of sentence accused is likely to face, .....

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