Orissa High Court
Subash Chandra Swain vs State Of Odisha .... Opp. Party on 7 September, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3175 of 2021
Subash Chandra Swain .... Petitioner
Mr. P.K. Nayak, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. Sunil Mishra,
Addl. Standing Counsel
(C.T. & G.S.T)
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 07.09.2021
03. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).
Heard learned counsel for the petitioner and Mr. Sunil Mishra, learned Additional Standing Counsel for C.T. & G.S.T. This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Case No.02 of 2019-20 of the C.T. & G.S.T. Enforcement Unit, Jajpur, Jajpur Road corresponding to 2(C) C.C. Case No.09 of 2020 pending in the Court of learned S.D.J.M., Panposh, Rourkela for offence punishable under section 132(1)(b)(c) and (i) of the Odisha Goods and Service Tax Act, 2017.
The petitioner moved an application for bail before the learned 1st Additional Sessions Judge, Rourkela which was rejected on 16.03.2021.
// 2 // Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 23.01.2020 and he has been charge sheeted under section 132(1)(b)(c) and
(i) of the Odisha Goods and Service Tax Act, 2017. He further submitted that the maximum punishment prescribed for the offence is five years and one of the co- accused, namely, Amit Beriwal has been released on bail by this Court in BLAPL No.6643 of 2020 as per order dated 22.01.2021 and the petitioner is similarly situated like the said co-accused and therefore, the bail application of the petitioner may be favourably considered. Copy of the bail order in respect of co-accused Amit Beriwal, which is filed by the learned counsel for the petitioner is taken on record.
Mr. Sunil Mishra, learned Additional Standing Counsel, C.T. & G.S.T. submitted that though the petitioner and co-accused Amit Beriwal stand on the similar footing but an additional condition may be imposed that the petitioner shall not alienate any property without the leave of the concerned Court. He further submitted that till date, one co-accused is absconding and some more materials are likely to be unearthed after his apprehension.
Perused the bail order passed in respect of the co- accused Amit Beriwal.
Considering the submissions made by the learned counsel for the respective parties and on going through the documents available on record and further taking into account the punishment prescribed for the offence, the release of the co-accused on bail and the period of Page 2 of 3 // 3 // detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.5,00,000/-(rupees five lakhs) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper. While on bail, the petitioner shall appear before the Court below on each date of posting, he shall not tamper the evidence of the prosecution witnesses in any manner, he has to deposit the passport with the authority, he shall not leave the State without permission of the concerned Court and he shall not alienate any property without the leave of the concerned Court.
Violation of any terms and conditions shall entail cancellation of bail.
Accordingly, the BLAPL is disposed of. Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge RKM Page 3 of 3