Bail Application — Section 132 of the CGST Act, 2017— The petitioner filed application for bail for the offences under Sections 420, 406, 467, 468 and 471 IPC. The petitioner submitted that he is behind the bars since 30.10.2019 for the offences triable by Magistrate. The respondent submitted that the petitioner has devoured huge amount of Rs. 17 crores by fraudulent transactions and till date, only around one crore has been recovered in the matter. Further the money withdrawn by the petitioner has been deposited in the bank accounts of his relatives and the GST Department had issued summons to them for the purpose of investigation and the same is still going on. The petitioner requested for bail upon certain conditions. The Court observed that the police have filed charge-sheet against the petitioner under various offences by concluding that he has created bogus firms/companies and received huge amount as GST refunds for the transactions which never took place, however, investigation against the petitioner has already been completed and he is in judicial custody.
Held that:- The Hon’ble High Court allowed the petition and held that the petitioner shall be released on bail on his furnishing personal bond and two sureties. The petitioner shall furnish an undertaking in the Trial Court incorporating the four conditions enumerated in the order. He shall furnish undertakings that his father, mother and wife shall not transfer, sell or otherwise alienate any of their moveable or immoveable properties. – Gaurav S/o Shri Sampat Lal Maheshwari V/s State, Through P.P. -- [2020] 24 TAXLOK.COM 009 (Rajasthan)Gaurav S/O Shri Sampat Lal Maheshwari Vs. State, Through P.P. [2020] 24 TAXLOK.COM 009 (Rajasthan)