9911796707
TMI Blog2022 (3) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... sed will be released on bail, he would hamper the prosecution evidence or would flee from justice or would not be readily available for the trial or otherwise hamper the course of smooth trial. Neither any apprehension has been shown by the counsel for the respondent nor any material has been made available from which an inference can be drawn regarding the aforesaid apprehension. The seriousness of the allegations or the availability of the material in respect thereof are not the only considerations for declining the bail. The case in which the petitioner is seeking bail is exclusively triable by the court of Magistrate. The case pertains to economic offence. The duped amount or tax evasion is fixed and calculated. It is well settled th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Unit, Jaipur in exercise of powers under Section 69 of the CGST Act, 2017. The petitioner has been sent to judicial custody vide order dated 20.11.2021 under the order passed by the learned Chief Metropolitan Magistrate, (Economic Offences), Jaipur. Since his regular bail application filed under Section 439 CrPC has been dismissed by the learned Addl. Sessions Judge No.9, Jaipur, he preferred this bail application before this court. Mr.S.S.Hora, learned counsel for the petitioner submits that entity of the accused petitioner is located at Metal Rod Enterprises which is registered under GST Act as per rules and which is working regularly after getting registered in June 2021. It is submitted that no illegal act has ever been committed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted that the department has distorted the facts based on false and fabricated grounds because all the suppliers are duly registered under GST Act and GST number had been issued by the GST Department after verifying all the KYC and other necessary documents required as per GST Act for registration. Arguing further, learned counsel submits that the matter pertains to Economic Offences, serious questions regarding the truthfulness/genuineness of the allegations have been raised for which it is alleged that the petitioner has made evasions/defalcation. The maximum punishment which could be inflicted upon the accused if after trial he would be convicted; would be five years of imprisonment with fine. The enquiry/trial of the matter is li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the respondent nor any material has been made available from which an inference can be drawn regarding the aforesaid apprehension. The seriousness of the allegations or the availability of the material in respect thereof are not the only considerations for declining the bail. The case in which the petitioner is seeking bail is exclusively triable by the court of Magistrate. The case pertains to economic offence. The duped amount or tax evasion is fixed and calculated. The same is not directly affecting the individuals of society. The alleged amount can be recovered by initiating suitable proceeding. There is no fetter of law if criminal prosecution and recovery proceeding are allowed to run simultaneously, since criminal proceeding is b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... visions contained in Secs. 3 4 of the Probation of Offenders Act could also be taken resort of by convicting Judge. At this primary stage, it cannot be assumed that the petitioner would surely be convicted and would be sentenced for the maximum period of sentence provided by the law since the same would be pre-mature. It is well settled that the pre-conviction detention is not warranted by law. The petitioner is behind the bars in this matter since 19.11.2021. It is also well settled that at pre-conviction stage, there is presumption of innocence. The object of keeping the person in custody is to ensure his availability to face the trial and to receive the sentence that may be passed. The detention is not supposed to be punitive or preven ..... X X X X Extracts X X X X X X X X Extracts X X X X
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