The petition is allowed and the petitioner is ordered to be released on regular bail
Section 132 of the CGST Act— Bail --The petitioner filed petition under Section 439 of Cr.P.C. for grant of regular bail registered under Sections 132(1)(b)(c). The petitioner submitted that he is a businessman and falsely implicated in the present case along with 5 other persons. He relied upon the order dated 12.06.2020 in CWP No. 8004 of 2020 in which the notice of motion has been issued regarding offences under Section 132, as the arrest under Section 69 is considered to be without jurisdiction. The court observed that the criminal trial for the offences under Section 132 as also the arrest under Section 69 are without jurisdiction, having no backing of the constitutional provisions. The petitioner has been in custody for a period of 4 months and 14 day. The trial will take time to conclude, especially due to prevailing situation of Covid-19.
Held that:- The Hon’ble High Court allowed the petition and ordered that the petitioner be released on regular bail to the satisfaction of the learned trial Court/Duty Magistrate, subject to furnishing bail/surety bonds. The petitioner will surrender his passport before the concerned Court and will not leave India without prior permission of the Court.