9911796707
TMI Blog2023 (7) TMI 1168X X X X Extracts X X X X X X X X Extracts X X X X ..... 263 - SUPREME COURT] , the matter relates to GST evasion, offence is punishable up to 5 years fine, in the said case, the accused was in jail for more than 4 months, the Hon ble Supreme Court has allowed the bail by observing that in such type of cases, the evidence to be tendered by the respondent would essentially be documentary and electronic, the ocular evidence will be through official witnesses, due to which there can be no apprehension of tampering, intimidating or influencing; this Court is of the view that the applicant can be released on bail. The applicant is directed to be released on bail on his executing a personal bond for a sum of Rs. 1 lakh with 2 sureties for the like amount to the satisfaction of the trial Court - B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arg is the owner of the said concern whereas the present applicant and his father have no concern with M/s United Ispat. She further submits that the GST Department has not collected any substantial evidence which shows that the present applicant has gained any benefit by using the funds of M/s United Ispat. She would further submit that notice has been served to the applicant on 7.7.2023 in which various transactions have been made during the period 22.11.2018 to 31.3.2020. The present applicant has never done any business in the name of M/s United Ispat. She would submit that no statement has been recorded or is available in the complaint to demonstrate that the present applicant is actually involved. The applicant has been arrested on 21 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posed a fine of Rs. 12.50 crores for wrongly availing the input tax credit, for which the Objector has paid Rs.6 crores as penalty, and his bank account has also been seized in which more than Rs. 2 crores has been held up. So, such a person who is affecting other s business and is doing unhealthy practices and cheated other businessmen, should not be released on bail. 6. Learned Counsel appearing on behalf of the GST Department would submit that the economic offence constitutes a class apart and the said issue has been elaborately dealt with in the matter of Nimmagadda Prasad Vs. Central Bureau of Investigation {(2013) 7 SCC 466}. Learned counsel refers to paras-23 to 25 which read thus:- 23. Unfortunately, in the last few years ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations. It has also to be kept in mind that for the purpose of granting bail, the legislature has used the words reasonable grounds for believing instead of the evidence which means the court dealing with the grant of bail can only satisfy itself as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond reasonable doubt. 25. Economic offences constitute a class apart and nee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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