In the instant case, the investigation relates to the period of 2018 and prior to it, the petitioners have joined the investigation and their statements have already been recorded; the premises of the petitioners have also been searched; the employees of the petitioners have also joined the investigation. Therefore, in these circumstances, the present anticipatory bail application is allowed and it is ordered that in the event of arrest, the petitioners be released on bail on their furnishing a personal bond.
Section 132 of the CGST Act, 2017— Anticipatory Bail -- The petitioner challenged the order dated 04.02.2021 passed by Patiala House Court vide which anticipatory bail application of the petitioners had been rejected. The petitioner submitted that the investigation pertained to availment of wrongful ITC of Rs. 22.42 Crores on the strength of certain invoices. Other co-accused persons who were the creators of the alleged documents are on regular bail and now the investigation has been completed and show cause notice have been issued to them, whereas in the case of petitioners, no SCN has been issued. The entire case is based on documents which are all in the custody of the department. They are not habitual offenders and have deep roots in the society and they do not have any other case against them. The court observed that the investigation relates to the period of 2018 and prior to it, the petitioners have joined the investigation and their statements have already been recorded; the premises of the petitioners have also been searched; the main accused was arrested and granted bail; the bank accounts of the petitioners have already been freezed; the petitioners have already deposited Rs. 2.5 crores with the department; there are no allegations of any threat to any of the witnesses or tampering with the evidence and the documents are in the custody of the department.
Held that:-The Hon’ble High Court allowed anticipatory bail application ordered that in the event of arrest, the petitioners be released on bail on their furnishing a personal bond in the sum of Rs. 5,00,000/- each with one surety each of the like amount and subject to certain conditions.
In the instant case, the investigation relates to the period of 2018 and prior to it, the petitioners have joined the investigation and their statements have already been recorded; the premises of the petitioners have also been searched; the employees of the petitioners have also joined the investigation. Therefore, in these circumstances, the present anticipatory bail application is allowed and it is ordered that in the event of arrest, the petitioners be released on bail on their furnishing a personal bond.
Section 132 of the CGST Act, 2017— Anticipatory Bail -- The petitioner challenged the order dated 04.02.2021 passed by Patiala House Court vide which anticipatory bail application of the petitioners had been rejected. The petitioner submitted that the investigation pertained to availment of wrongful ITC of Rs. 22.42 Crores on the strength of certain invoices. Other co-accused persons who were the creators of the alleged documents are on regular bail and now the investigation has been completed and show cause notice have been issued to them, whereas in the case of petitioners, no SCN has been issued. The entire case is based on documents which are all in the custody of the department. They are not habitual offenders and have deep roots in the society and they do not have any other case against them. The court observed that the investigation relates to the period of 2018 and prior to it, the petitioners have joined the investigation and their statements have already been recorded; the premises of the petitioners have also been searched; the main accused was arrested and granted bail; the bank accounts of the petitioners have already been freezed; the petitioners have already deposited Rs. 2.5 crores with the department; there are no allegations of any threat to any of the witnesses or tampering with the evidence and the documents are in the custody of the department.
Held that:-The Hon’ble High Court allowed anticipatory bail application ordered that in the event of arrest, the petitioners be released on bail on their furnishing a personal bond in the sum of Rs. 5,00,000/- each with one surety each of the like amount and subject to certain conditions.