Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
GST - Highlights / Catch Notes

Home Highlights November 2024 Year 2024 This

Petitioner sought regular bail, contending false implication and ...


Accused granted bail due to delayed trial; Court upholds right to speedy justice.

Case Laws     GST

November 7, 2024

Petitioner sought regular bail, contending false implication and non-impleadment of main accused. Petitioner underwent 11 months and 26 days of custody, with another case pending on bail. Charges framed u/ss 420, 467, 468, 471 IPC and Section 132 CGST Act, 2017. Court observed that out of 12 prosecution witnesses, only 3 examined till date, and further detention would violate Article 21's right to speedy trial, as per Dataram Singh case. Deprivation of liberty without speedy trial inconsistent with Article 21, as per Abdul Rehman Antulay case. Veracity of allegations to be established during trial. Only 3 witnesses examined despite charges framed, rendering further incarceration purposeless. Without commenting on merits, bail granted subject to conditions, applying "bail is rule, jail exception" principle.

View Source

 


 

You may also like:

  1. Bail granted to accused in money laundering case due to prolonged delay in trial proceedings and long incarceration, violating constitutional rights. Section 45 PMLA...

  2. The court granted regular bail to the accused in a money laundering case, considering the prolonged incarceration, the likelihood of delay in trial, and the...

  3. Bail granted in a case involving alleged fraud, manipulation of accounts, and violations of the Companies Act and Indian Penal Code. Despite stringent bail provisions...

  4. The Delhi High Court considered a bail application in a money laundering case involving a predicate offence. The delay in trial was a key issue. The court emphasized...

  5. 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)...

  6. The court held that an accused is entitled to a speedy trial, and if the trial gets prolonged, bail cannot be denied solely on the ground of serious charges. The right...

  7. Bail application for money laundering offense granted considering long incarceration exceeding substantial part of prescribed sentence, applicant's advanced age and...

  8. Applicant sought regular bail in case involving recovery of commercial quantity of contraband under NDPS Act. Court considered factors like prima facie case, nature of...

  9. Cancellation of Regular Bail - accused is not cooperating in the investigation and not honouring the summons - hen present application for cancellation of bail has been...

  10. Grant of Bail - power to re-arrest if the amount of tax evaded goes up during the investigation - Even if any new case is made out after release of the accused on bail...

  11. Maintainability of writ petition - Money Laundering - The Court evaluated the contention that the applicants had engaged in dilatory tactics. It concluded that the...

  12. Application for cancellation of bail granted to the applicant / accused - mis-declaration of manufacturing year of the crane imported - arrested u/s 104(1) for the...

  13. Grant of regular bail - Diversion of funds - Since the charge-sheet in the instant matter has already been filed, merely because ED is still further investigating the...

  14. Grant of Bail - availment/utilisation of bogus input tax credit (ITC) - It may also be noted that the present proceedings are still at a teething stage and may, if the...

  15. Grant of Bail - GST evasion - In the instant case, the investigation is at a nascent stage and granting bail to accused at this stage would certainly undermine the...

 

Quick Updates:Latest Updates