This Court extending the benefit of mandate of Section 436-A of Cr.P.C. directs the trial Court to release the Petitioner on bail
Section 132 of the CGST Act, 2017— Bail — The petitioner sought bail for the alleged offences under Sections 132(1)(b) 7 (c) of Act, 2017. It is alleged that the petitioner is involved in issuance of fake invoices indicating the sales of goods/raw materials used to different manufacturing units of Steel and Aluminium which are located in different locations of Odisha as well as outside the State of Odisha. Prayer for bail of the petitioner was earlier rejected on merit. However, this Court vide order dated 4.11.2020 has granted interim bail for a period of sixty days to the Petitioner with a direction to the Court below that to take all effective steps to conclude the trial within six months from the date of order. The trial court could not complete it due to non-production of the witnesses by the complainant, though the petitioner is in custody since 12.10.2018 and cooperating with the trial. The court observed that the prosecution is not interested to conclude the case at an early date inasmuch as in spite of the opportunities given, witnesses have not been produced by the complainant. The Petitioner has already undergone more than 50% of the sentence prescribed on conviction on the offence.
Held that:- The Hon’ble High Court directed the trial Court to release the Petitioner on bail subject to certain conditions.
This Court extending the benefit of mandate of Section 436-A of Cr.P.C. directs the trial Court to release the Petitioner on bail
Section 132 of the CGST Act, 2017— Bail — The petitioner sought bail for the alleged offences under Sections 132(1)(b) 7 (c) of Act, 2017. It is alleged that the petitioner is involved in issuance of fake invoices indicating the sales of goods/raw materials used to different manufacturing units of Steel and Aluminium which are located in different locations of Odisha as well as outside the State of Odisha. Prayer for bail of the petitioner was earlier rejected on merit. However, this Court vide order dated 4.11.2020 has granted interim bail for a period of sixty days to the Petitioner with a direction to the Court below that to take all effective steps to conclude the trial within six months from the date of order. The trial court could not complete it due to non-production of the witnesses by the complainant, though the petitioner is in custody since 12.10.2018 and cooperating with the trial. The court observed that the prosecution is not interested to conclude the case at an early date inasmuch as in spite of the opportunities given, witnesses have not been produced by the complainant. The Petitioner has already undergone more than 50% of the sentence prescribed on conviction on the offence.
Held that:- The Hon’ble High Court directed the trial Court to release the Petitioner on bail subject to certain conditions.