Special Chief Judicial Magistrate, Meerut is directed to reconsider the application of petitioner and pass reasoned order within one week from the date of production of computer generated copy of this order.
Section 132 of the CGST Act, 2017 — Bail —–The applicant was arrested under Section 132(1) (b) (c) and (i) and maximum punishment under these sections is 5 years. The petitioner counsel submitted that under the order of Hon'ble Supreme Court in Suo Moto Writ Petition No. 01 of 2020, High Power Committee was constituted. On behalf of HPC, Registrar General of High Court, Allahabad has issued certain directions on 30.4.2021 for release of prisoners on parole/interim bail for 60 days considering the widespread of novel corona virus. In compliance of order dated 30.4.2021, a list of such prisoners was prepared by Jail Superintendent, which was rejected by the Special Chief Judicial Magistrate on 10.5.2021 on the ground that in terms of the direction dated 30.4.2021, neither any bail application of petitioner is pending before the High Court or Supreme Court nor any bail rejection order has been passed. Whereas in the direction of HPC dated 30.4.2021, there is no such condition required. Therefore, order passed by Special Chief Judicial Magistrate, Meerut dated 10.5.2021 is absolutely contrary to the direction issued by the HPC dated 30.4.2021. The court observed that no such condition was there on the basis of which impugned order has been passed by Special Chief Judicial Magistrate, Meerut, therefore, impugned order lacks merit.
Held that:- The Hon’ble High Court quashed the order dated 10.5.2021 passed by Special Chief Judicial Magistrate, Meerut and directed him to reconsider the application of petitioner and pass reasoned order within one week.
Special Chief Judicial Magistrate, Meerut is directed to reconsider the application of petitioner and pass reasoned order within one week from the date of production of computer generated copy of this order.
Section 132 of the CGST Act, 2017 — Bail —–The applicant was arrested under Section 132(1) (b) (c) and (i) and maximum punishment under these sections is 5 years. The petitioner counsel submitted that under the order of Hon'ble Supreme Court in Suo Moto Writ Petition No. 01 of 2020, High Power Committee was constituted. On behalf of HPC, Registrar General of High Court, Allahabad has issued certain directions on 30.4.2021 for release of prisoners on parole/interim bail for 60 days considering the widespread of novel corona virus. In compliance of order dated 30.4.2021, a list of such prisoners was prepared by Jail Superintendent, which was rejected by the Special Chief Judicial Magistrate on 10.5.2021 on the ground that in terms of the direction dated 30.4.2021, neither any bail application of petitioner is pending before the High Court or Supreme Court nor any bail rejection order has been passed. Whereas in the direction of HPC dated 30.4.2021, there is no such condition required. Therefore, order passed by Special Chief Judicial Magistrate, Meerut dated 10.5.2021 is absolutely contrary to the direction issued by the HPC dated 30.4.2021. The court observed that no such condition was there on the basis of which impugned order has been passed by Special Chief Judicial Magistrate, Meerut, therefore, impugned order lacks merit.
Held that:- The Hon’ble High Court quashed the order dated 10.5.2021 passed by Special Chief Judicial Magistrate, Meerut and directed him to reconsider the application of petitioner and pass reasoned order within one week.