This is a judgment by the High Court granting regular bail to ...

Bail Granted for Wrongful Input Tax Credit Case Citing Custody Duration, Co-Accused Bail, and Right to Speedy Trial.

November 7, 2024

Case Laws     GST     HC

This is a judgment by the High Court granting regular bail to the petitioner accused of offenses u/ss 420, 467, 468, 471 of the Indian Penal Code and Section 132(1)(b) and (c) of the HGST Act, 2017, related to wrongful availment and utilization of Input Tax Credit (ITC). The court considered that the petitioner has already undergone substantial incarceration, co-accused have been granted bail, and the trial is likely to take considerable time. The court relied on the principles of criminal jurisprudence, the right to a speedy trial under Article 21 of the Constitution, and the need to minimize pre-conviction detention. The court also cited precedents emphasizing that bail is the general rule, and denial of bail should not be based solely on pending cases or convictions. Consequently, the petitioner was directed to be released on regular bail upon furnishing bail and surety bonds to the satisfaction of the trial court or duty magistrate.

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