9911796707
TMI Blog2023 (9) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... some time. Bail allows an accused to maintain his freedom until his guilt or innocence is determined. Whereas, petitioner remained in custody with effect from 30.10.2020 to 25.05.2021, per custody certificate. He however, admits that no other case is pending against him. Petitioner is stated to be 45-year old family person, and in his absence, his family members are living in sheer penury. He is only breadwinner of his family. He has already lost his livelihood due to prolonged incarceration. Having clean antecedents and fixed abode, it is unlikely that he poses any flight risk and/or will flee from trial proceedings - Considering the overall scenario and without commenting on the merits of the case, the instant petition is allowed. Thus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... business specified in its registration certificate. Business activities were indicated to have been conducted from the same residential location. However, during inquiries, local residents denied seeing any business activities, such as loading, unloading, or the movement of transport vehicles to and from the registered firm. Upon examining the e-way bills generated for the firm's inward and outward supplies, which showed a turnover of approximately Rs. 85.8 crore, it was revealed that these e-way bills had been issued by the firm, M/s Emm Vee Trading Company. However, when authorities investigated the actual movement of goods and obtained ownership details of the vehicles mentioned in the e-way bills from registration authorities, it e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neither originator of invoices nor ultimate user/beneficiary of invoices. The actual user of invoices are beneficiaries thereof. Thus evasion of tax has taken place at the end of buyers and not at the end of petitioner. Complainant has neither implicated suppliers nor buyers of the petitioner though role of the petitioner is very limited. Actual culprits have been let free, whereas petitioner who worked for small amount of commission, has been implicated and made a scapegoat being an easy target. Different documents of the petitioner were allegedly used to create the firm, but he is not proprietor of the firm. Just to save others, entire liability has been wrongly fastened upon the petitioner. Petitioner is not required for further custodia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f petitioner tampering with evidence and/ or influencing prosecution witnesses. He would further submit that petitioner was arrested on 29.10.2020 and remained in custody till 25.05.2021 i.e., date on which he was released on interim bail on the ground of COVID-19 till 27.12.2021. Thus petitioner has already suffered incarceration of almost 07 months. Vide order dated 14.12.2021 passed by a Division Bench of this Court, his interim bail was extended till further orders, wherein, the provision of GST Act have been challenged. He has never misused his concession. 4. On the other hand, learned State counsel opposes the bail petition. He submits that petitioner has committed an offence of huge economic magnitude and adopted a unique mode of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to society at large by committing any violent crime. 9. Petitioner is stated to be 45-year old family person, and in his absence, his family members are living in sheer penury. He is only breadwinner of his family. He has already lost his livelihood due to prolonged incarceration. Having clean antecedents and fixed abode, it is unlikely that he poses any flight risk and/or will flee from trial proceedings. 10. Considering the overall scenario and without commenting on the merits of the case, the instant petition is allowed. I am of the view that no useful purpose would be served to further incarcerate the petitioner. 11. Accordingly, petitioner is ordered to be released on bail, if not required in any other case, on his furnishing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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