The petitioners are not entitled to get default bail and present writ petition challenging the order passed by the Chief Judicial Magistrate First Class is liable to be dismissed.
Section 132 of the CGST Act — Bail – The petitioner challenged order dated 26.06.2021 passed in Criminal Revision No. 62/2021 passed by 5th Additional Sessions Judge, Raipur by which he rejected the revision and affirmed the order dated 12.05.2021 passed by the learned Chief Judicial Magistrate, First Class by which he rejected the application filed by the petitioner for grant of default bail. The counsel for the petitioners submitted that the petitioners have been arrested for alleged violation and for offence committed under Sections 132(1)(b) and (c) of the Act of 2017 on 25.01.2021. No final charge-sheet has been filed, therefore, the petitioners are entitled to be released on bail but the same has been denied by the Chief Judicial Magistrate, Raipur. The respondent counsel submitted that the complaint has been filed on 25.03.2021 and since petitioners have been arrested on 25.01.2021, therefore on 59th day complaint has been filed. The court observed that the contention of the petitioner for grant of default bail under Section 167(2) for non-furnishing of final report is rejected. The complaint has been filed within 60 days of their arrest which is within the time prescribed.
Held that:- The Hon’ble High Court dismissed the petition.
The petitioners are not entitled to get default bail and present writ petition challenging the order passed by the Chief Judicial Magistrate First Class is liable to be dismissed.
Section 132 of the CGST Act — Bail – The petitioner challenged order dated 26.06.2021 passed in Criminal Revision No. 62/2021 passed by 5th Additional Sessions Judge, Raipur by which he rejected the revision and affirmed the order dated 12.05.2021 passed by the learned Chief Judicial Magistrate, First Class by which he rejected the application filed by the petitioner for grant of default bail. The counsel for the petitioners submitted that the petitioners have been arrested for alleged violation and for offence committed under Sections 132(1)(b) and (c) of the Act of 2017 on 25.01.2021. No final charge-sheet has been filed, therefore, the petitioners are entitled to be released on bail but the same has been denied by the Chief Judicial Magistrate, Raipur. The respondent counsel submitted that the complaint has been filed on 25.03.2021 and since petitioners have been arrested on 25.01.2021, therefore on 59th day complaint has been filed. The court observed that the contention of the petitioner for grant of default bail under Section 167(2) for non-furnishing of final report is rejected. The complaint has been filed within 60 days of their arrest which is within the time prescribed.
Held that:- The Hon’ble High Court dismissed the petition.