Bail applications are allowed and it is directed that accused-petitioners shall be released on bail under Section 439 Cr.P.C.
Section 132 of the CGST Act, 2017 — Bail– The petitioner filed bail application under Section 439 Cr.P.C for the offence under Sections 132(1)(c) of the Act. The petitioners were arrested on 26.03.2021 and 27.03.2021 by the CGST Jaipur. The petitioner counsel submitted that once the DGGI was already seized of the investigation, no investigation could have been carried out by the CGST and it did not have jurisdiction to step-in in the midst of the investigation by the DGGI and effect their arrest. The wrongful claim of ITC in the present case has mischievously been inflated to the tune of Rs. 5.27 crores only to render the offence to be nonbailable. The complaint against them has already been filed and they are not required for further investigation. They have no criminal antecedents. The court observed that the petitioners are in custody since 26.03.2021 & 27.03.2021; the complaint has already been filed; they are not warranted for further investigation, the maximum punishment awardable in such case is of five years, the offence is compoundable.
Held that:- The Hon’ble High Court allowed these bail applications and directed that petitioners shall be released on bail, provided each of them shall furnish a personal bond in the sum of Rs. 1,00,000/- together with two sureties in the sum of Rs. 50,000/- each to the satisfaction of the trial court.
Bail applications are allowed and it is directed that accused-petitioners shall be released on bail under Section 439 Cr.P.C.
Section 132 of the CGST Act, 2017 — Bail– The petitioner filed bail application under Section 439 Cr.P.C for the offence under Sections 132(1)(c) of the Act. The petitioners were arrested on 26.03.2021 and 27.03.2021 by the CGST Jaipur. The petitioner counsel submitted that once the DGGI was already seized of the investigation, no investigation could have been carried out by the CGST and it did not have jurisdiction to step-in in the midst of the investigation by the DGGI and effect their arrest. The wrongful claim of ITC in the present case has mischievously been inflated to the tune of Rs. 5.27 crores only to render the offence to be nonbailable. The complaint against them has already been filed and they are not required for further investigation. They have no criminal antecedents. The court observed that the petitioners are in custody since 26.03.2021 & 27.03.2021; the complaint has already been filed; they are not warranted for further investigation, the maximum punishment awardable in such case is of five years, the offence is compoundable.
Held that:- The Hon’ble High Court allowed these bail applications and directed that petitioners shall be released on bail, provided each of them shall furnish a personal bond in the sum of Rs. 1,00,000/- together with two sureties in the sum of Rs. 50,000/- each to the satisfaction of the trial court.