Petition lacks merit and is liable to be dismissed. Accordingly, this petition for bail is dismissed.
Section 132 of the CGST Act, 2017 — Bail —–The petitioner prayed for setting aside the impugned order dated 16.09.2021 passed by the learned Special Chief Judicial Magistrate, Meerut, under Section 132(1)(b)(c) of the Act and for direction to the respondents not to take any coercive steps against the petitioner and the default bail may be granted, as the petitioner is in the constructive custody of court since 28.01.2021. Charge sheet was filed on 26.03.2021 and the petitioner was released on interim bail on 26.05.2021. The counsel for the petitioner submitted that although petitioner has been released on interim bail in compliance of directions issued by High Power Committee but he shall be deemed to be in constructive custody of the Court and complete charge sheet has not been filed, so petitioner is entitled to default bail. The court observed that for the purposes of bail, petitioner cannot be treated in constructive custody. The court further observed that in case, after submission of charge sheet, or during trial any evidence comes in light, it can be filed in Court. The petition lacks merit.
Held that:- The Hon’ble High dismissed the petition.
Petition lacks merit and is liable to be dismissed. Accordingly, this petition for bail is dismissed.
Section 132 of the CGST Act, 2017 — Bail —–The petitioner prayed for setting aside the impugned order dated 16.09.2021 passed by the learned Special Chief Judicial Magistrate, Meerut, under Section 132(1)(b)(c) of the Act and for direction to the respondents not to take any coercive steps against the petitioner and the default bail may be granted, as the petitioner is in the constructive custody of court since 28.01.2021. Charge sheet was filed on 26.03.2021 and the petitioner was released on interim bail on 26.05.2021. The counsel for the petitioner submitted that although petitioner has been released on interim bail in compliance of directions issued by High Power Committee but he shall be deemed to be in constructive custody of the Court and complete charge sheet has not been filed, so petitioner is entitled to default bail. The court observed that for the purposes of bail, petitioner cannot be treated in constructive custody. The court further observed that in case, after submission of charge sheet, or during trial any evidence comes in light, it can be filed in Court. The petition lacks merit.
Held that:- The Hon’ble High dismissed the petition.