This Court is of the view that the conditions of deposit of Rupees One crore with two sureties in the like amount (atleast one local) and furnishing of bank guarantee /FDR for an amount of Rs. 50 lakh to be forfeited to the State in case of violation of any of the terms and conditions of the order passed by the Chief Judicial Magistrate, Ludhiana, are set aside. However, the remaining conditions shall remain intact.
Section 132 of the CGST Act, 2017— Bail – Conditions imposed - The petitioner sought setting aside of the order dated 15.07.2021 passed by the learned Additional Sessions Judge, Ludhiana, whereby the prayer of the petitioner to set aside/modify stringent conditions imposed by the learned Chief Judicial Magistrate, while granting default bail to the petitioner under Section 167(2) Cr.P.C., was declined. Aggrieved against the aforesaid stringent conditions, the petitioner filed a revision petition before the Court of Session. However, vide order dated 15.07.2021, the learned Additional Sessions Judge, dismissed the said revision petition. The court relying on the judgment of the Hon’ble Supreme Court in Saravanan’s case, observe that the default bail under Section 167(2) Cr.P.C. cannot be equated with the discretion of the Court under Sections 437, 438 or 439 Cr.P.C. The indefeasible right under Section 167(2) Cr.P.C., accrued due to the failure on the part of the investigating agency to complete the investigation and present the challan within the stipulated period would, therefore, be a right free from any inhibition or embargo.
Held that:-The Hon’ble High Court set aside the conditions of deposit of Rupees One crore with two sureties in the like amount (atleast one local) and furnishing of bank guarantee /FDR for an amount of Rs. 50 lakh to be forfeited to the State in case of violation of any of the terms and conditions of the order, as contained in the order dated 22.02.2021 passed by the Chief Judicial Magistrate, Ludhiana.
This Court is of the view that the conditions of deposit of Rupees One crore with two sureties in the like amount (atleast one local) and furnishing of bank guarantee /FDR for an amount of Rs. 50 lakh to be forfeited to the State in case of violation of any of the terms and conditions of the order passed by the Chief Judicial Magistrate, Ludhiana, are set aside. However, the remaining conditions shall remain intact.
Section 132 of the CGST Act, 2017— Bail – Conditions imposed - The petitioner sought setting aside of the order dated 15.07.2021 passed by the learned Additional Sessions Judge, Ludhiana, whereby the prayer of the petitioner to set aside/modify stringent conditions imposed by the learned Chief Judicial Magistrate, while granting default bail to the petitioner under Section 167(2) Cr.P.C., was declined. Aggrieved against the aforesaid stringent conditions, the petitioner filed a revision petition before the Court of Session. However, vide order dated 15.07.2021, the learned Additional Sessions Judge, dismissed the said revision petition. The court relying on the judgment of the Hon’ble Supreme Court in Saravanan’s case, observe that the default bail under Section 167(2) Cr.P.C. cannot be equated with the discretion of the Court under Sections 437, 438 or 439 Cr.P.C. The indefeasible right under Section 167(2) Cr.P.C., accrued due to the failure on the part of the investigating agency to complete the investigation and present the challan within the stipulated period would, therefore, be a right free from any inhibition or embargo.
Held that:-The Hon’ble High Court set aside the conditions of deposit of Rupees One crore with two sureties in the like amount (atleast one local) and furnishing of bank guarantee /FDR for an amount of Rs. 50 lakh to be forfeited to the State in case of violation of any of the terms and conditions of the order, as contained in the order dated 22.02.2021 passed by the Chief Judicial Magistrate, Ludhiana.