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TMI Blog2023 (9) TMI 1126X X X X Extracts X X X X X X X X Extracts X X X X ..... considering the observations made by the Apex Court in case of P. Chidambaram Vs. Directorate of Enforcement, (2020) 13 SCC 791, i.e. even allegations of grave economic offence, it is not a rule that bail should be denied in every case and whether bail is granted or not, will have to be on the case to case basis of the facts involved therein and securing the presence of the accused to stand trial. , it is deemed fit to exercise the discretion in favour of the applicant and accordingly, the applicant is allowed to be released on bail. The applicant is ordered to be released on regular bail on executing a personal bond of Rs.25,000/-, with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x credit to the tune of Rs.116 crores was fraudulently passed on to the beneficiaries. It is alleged that the applicant as an active member of syndicate by adopting the modus operandi depicted in the complaint, has passed on input tax crediting to the firms mentioned in the complaint. It is alleged that the applicant has thus caused huge revenue loss to the Government exchequer. The applicant, in order to pass on input tax credit on the basis of fake invoices without having the inward supply or the invoices in the firms/companies, in violation of provisions of the Gujarat Goods and Services Act, 2017 and the rules made thereunder, fraudulently availed Input Tax Credit and thereby retained the benefits of the same defrauding the Government o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... od of 14 days which came to be granted by the learned trial Court from 16.3.2023 to 27.3.2023. Upon completion of remand period on 27.3.2023, the applicant has been sent to judicial custody. Since then, the applicant is in jail. 3. It is the case of the applicant that prior to filing of complaint being Criminal Complaint No. 43571 of 2023, the applicant filed bail application u/s. 437 of Cr.P.C. before the learned trial Court which was registered as Criminal Misc. Application No. 1673 of 2023. However, the learned Additional Chief Metropolitan Magistrate, Ahmedabad by order dated 15.4.2023 was pleased to reject the bail application. The applicant herein being aggrieved and dissatisfied with the aforesaid rejection, approached the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 26/05/2023. 5. It is the case of the applicant that in relation to alleged offence earlier Criminal No.50932/22 came to be registered in connection o/w no.1 with File No. ACST/U-5/J K Traders Y SE 2021-22 against co-accused one Bharat Gordhandas Patel and after filing of criminal complaint, the said co-accused Bharatbhai Gordhandas Patel approached this Court by way of filing Criminal Misc. Application No. 14154 of 2022 and the coordinate bench of this Court was pleased to grant regular bail to said accused vide order dated 08/09/2022. 6. It is the case of the applicant that subsequent to the arrest of the applicant on 16.03.2023, the applicant had preferred a regular bail application being Criminal Misc. Application No. 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is upto 5 years, and case is triable by Magistrate and also compoundable and when the further custody of the applicant is not necessary, keeping behind bar him for an indefinite period, would not serve any purpose. (ii) In the aforesaid contentions, it was submitted that the constitutional right of liberty must be protected, unless further detention is necessary, as the jurisprudence of the bail, is that Bail is a rule and jail is an exceptional and therefore, when investigation is over and after filing of the complaint, the department failed to point out that further custody of the applicant is not necessary, the applicant may be enlarged on bail. 10. Ms.Shruti Pathak, learned APP reiterating the contents of the sworn in affidavi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o release the applicant on bail. 12. Hence, the applicant is ordered to be released on regular bail in connection with the File No. ACST/U5/J K Traders/2021-22/o/w No.1 registered with office of Assistant Commissioner of State Tax, Unit-6, Ahmedabad on executing a personal bond of Rs.25,000/- (Rupees twenty five thousands only), with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that he shall: (a) not take undue advantage of liberty or misuse liberty; (b) not act in a manner injuries to the interest of the prosecution; (c) surrender passport, if any, to the lower court within a week; (d) not leave India without prior permission of the Sessions Judge concerned; (e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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