No useful purpose would be served by keeping the petitioners behind the bars. Thus, all the petitions are allowed and the petitioners are directed to be released on regular bail
Section 132 of the CGST Act— Bail —-The petitioners prayed for grant of regular bail. The allegations against the petitioners are that they issued bogus bills showing false ITC to the tune of Rs. 8.73 crore and Rs. 7.74 crore through bogus firms created by them. The counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case inasmuch as there is no allegation of generation or originating of fake invoices i.e. invoices without payment of GST. Further, the arrest under the Act is without jurisdiction. The petitioners have been in custody for the last more than 08 months and they are now not required for any investigation purposes. The respondent counsel submitted that the petitioners had caused a huge loss to the Government by way of tax evasion and issuing bogus bills through their bogus firms. The court observed that the order relied upon by the respondent wherein the regular bail had been denied, was primarily on the ground that the investigation was still incomplete. In the instant case, the matter already stands investigated. The petitioners have been in custody since June, 2020. Trial of the case would take time to conclude.
Held that:- The Hon’ble High Court allowed the petition and directed the petitioners be released on regular bail on execution of personal/surety bond in the sum of Rs. 10 lakh each to the satisfaction of concerned trial Court/Duty Magistrate and subject to certain conditions.
No useful purpose would be served by keeping the petitioners behind the bars. Thus, all the petitions are allowed and the petitioners are directed to be released on regular bail
Section 132 of the CGST Act— Bail —-The petitioners prayed for grant of regular bail. The allegations against the petitioners are that they issued bogus bills showing false ITC to the tune of Rs. 8.73 crore and Rs. 7.74 crore through bogus firms created by them. The counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case inasmuch as there is no allegation of generation or originating of fake invoices i.e. invoices without payment of GST. Further, the arrest under the Act is without jurisdiction. The petitioners have been in custody for the last more than 08 months and they are now not required for any investigation purposes. The respondent counsel submitted that the petitioners had caused a huge loss to the Government by way of tax evasion and issuing bogus bills through their bogus firms. The court observed that the order relied upon by the respondent wherein the regular bail had been denied, was primarily on the ground that the investigation was still incomplete. In the instant case, the matter already stands investigated. The petitioners have been in custody since June, 2020. Trial of the case would take time to conclude.
Held that:- The Hon’ble High Court allowed the petition and directed the petitioners be released on regular bail on execution of personal/surety bond in the sum of Rs. 10 lakh each to the satisfaction of concerned trial Court/Duty Magistrate and subject to certain conditions.