Rajasthan High Court - Jaipur
Gagan Sharma S/O Sh. Ganpat Lal Sharma vs State Of Rajasthan on 26 July, 2022
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 10227/2022
Gagan Sharma S/o Sh. Ganpat Lal Sharma, Aged About 31
Years, R/o 89, 90, 91 S/f Private Flat No. 14 Block B, Nanhe
Park, Uttam Nagar, Delhi (At Present In Judicial Custody And
Confined In Central Jail, Jaipur, Since 15.6.2022)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Union Of India, Office Of Director General Of Goods And Services Tax Intelligence, Jaipur Zonal Unit, Jaipur Through Special Public Prosecutor
----Respondents For Petitioner(s) : Mr. V. R. Bajwa, Senior Adv. with Mr. Daksh Pareek, Adv.
Mr. Pradeep Jain, Adv.
Mr. Manish Parmar, Adv.
Mr. Arjun Singh, Adv.
For Respondent(s) : Mr. Kinshuk Jain, Senior Standing Counsel HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 26/07/2022
1. The present bail application has been filed under Section 439 Cr.P.C. arising out of Complaint/F. No.DGGI/INT/INTL/668/2022/
-Gr-A-O/o ADG-DGGI-ZU-JAIPUR; Registered at Directorate General Of Goods and Services Tax Intelligence, Jaipur Zonal Office, Jaipur relating to offence punishable under Sections 132 (1) of Central Goods and Services Tax Act, 2017.
2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He is behind the bars for more than 40 days. Learned counsel for the petitioner further (Downloaded on 27/07/2022 at 10:08:45 PM) (2 of 5) [CRLMB-10227/2022] submits that the offence against the petitioner is compoundable and he had deposited the amount of Rs.1,61,68,425/-(One Crore Sixty One Lacs Sixty Eight Thousand Four Hundred Twenty Five). Learned counsel for the petitioner also submits that maximum punishment in this case is 5 years. Learned counsel for the petitioner further submits that similarly situated co-accused Kamal Chand Bothra was enlarged on bail by this Court and conclusion of trial may take long time. So, the petitioner be enlarged on bail.
3. Learned counsel for the petitioner has placed reliance upon the following judgments: (1) Satender Kumar Antil Vs. Central Bureau Of Investigation & Anr. reported in 2022 Live Law (SC) 577 and (2) Ketan Suresh Pawar & Anr. Vs. Yuvraj Sandeepan Sawant & Anr. reported in 2019 (9) SC 56.
4. Learned Senior Standing Counsel for the respondent has opposed the arguments advanced by learned counsel for the petitioner and submitted that the petitioner is Kingpin in this case. He has given his machine to co-accused Kamal Chand Bothra for manufacturing of cigarettes. Learned Senior Standing Counsel also submits that the Economic offences are serious threat to the national economy. Learned Senior Standing Counsel also submitted that the petitioner is a habitual offender. Investigation is still going on and charge-sheet has not been filed against the petitioner.
4. Learned Senior Standing Counsel for the respondent has placed reliance upon the following judgments: (1) Mahender Mangal Vs. Union Of India in S.B. Criminal Miscellaneous Bail Application No.13041/2021; (2) Lalit Goyal Vs. Union Of India in S.B. Criminal Miscellaneous Bail Application No. 13042/2021; (3) Raj Kumar Sharma Vs. Union Of India in (Downloaded on 27/07/2022 at 10:08:45 PM) (3 of 5) [CRLMB-10227/2022] S.B. Criminal Miscellaneous Bail Application No. 11339/2021; (4) Rishiraj Swami Vs. Union Of India in S.B. Criminal Miscellaneous Bail Application No.11286/2021; (5) Anil Kumar Vs. Union Of India in S.B. Criminal Miscellaneous Bail Application No.10608/2021; (6) Abhishek Singal Vs. Union Of India in S.B. Criminal Miscellaneous Bail Application No. 6304/2021; (7) Ramchandra Vishnoi Vs. Union Of India in S.B. Criminal Miscellaneous Bail Application No.13104/2021; (8) Vinaykant Ameta Vs. Union Of India in S.B. Criminal Miscellaneous Bail Application No. 18243/2021; (9) Ashok Kumar Sihotiya Vs. Union Of India in S.B. Criminal Miscellaneous Bail Application No. 9808/2021;(10) Mahendra Saini Vs. State Of Rajasthan in S.B. Criminal Miscellaneous Bail Application No. 7564/2021; (11) Sumit Dutta Vs. Union Of India in S.B. Criminal Miscellaneous Bail Application No.5371/2021;(12) Nimmagadda Prasad Vs. CBI reported in (2013) 7 SCC 466; (13) Rajesh Goyal Vs. Union Of India in S.B. Criminal Miscellaneous Bail Application No.726/2011; (14) Ram Narain Popli Vs. CBI reported in 2003(1) SCR 119; (15) Serious Fraud Investigation Office Vs. Nittin Johari and Anr. In Criminal Appeal No.1381/2019 decided on 12.09.2019; (16) P. V. Ramana Reddy Vs. Union Of India & Ors. In SLP (Crl) No.4430/2019 decided on 27.05.2019; (17) P. V. Raman Reddy Vs. Union Of India in Writ Petition No.4764/2019 and other connected cases decided on 18.04.2019 by Telegna High Court; (18) State Of Gujarat Vs. Mohanlal Jitamalji Porwal reported in (1987) 2 SCC 364; (19) Himani (Downloaded on 27/07/2022 at 10:08:45 PM) (4 of 5) [CRLMB-10227/2022] Munjal Vs. Union Of India in S.B. Criminal Miscellaneous Bail Application No. 10350/2018; (20) Mukat Behari Sharma Vs. Union Of India in S.B. Criminal Miscellaneous Bail Application No. 1238/2019; (21) Smt. Amal Mubarak Salim Al Reiyami Vs. Union Of India in S.B. Criminal Miscellaneous Bail Application No. 1870/2015 decided on 26.03.2015; (22) Prasanta Kumar Sarkar Vs. Ashis Chatterjee & Anr. In Criminal Appeal No.2086/2010 decided on 29.10.2010; (23) Bharat Raj Punj Vs. Commissioner Of Central Goods and Service Tax in S.B. Criminal Writ No.76/2019 decided on 12.03.2019; (24) Suresh Sharma Vs. State Of Rajasthan in S.B. Criminal Miscellaneous Bail Application No.7225/2014 decided on 26.06.2014 (25) Syed Mohammad Zama Vs. State Of Rajasthan in S.B. Criminal Miscellaneous Bail Application No. 11193/2014 decided on 05.01.2015; (26) Sohan Singh Vs. Union Of India In S. B. Criminal Miscellaneous Bail Application No.2555/a2022 decided on 24.03.2022; (27) C. B. Chauhan Vs. Union Of India in S. B. Criminal Miscellaneous Bail Application No.2556/2022 decided on 24.03.2022;(28) Vikas Goel Vs. CGST Gurugram in S. B. Criminal Petition No.45649/2018 decided on 13.12.2018; (29) Mehul Kheria Vs. Commissioner, CGST and Central Excise in S. B. Criminal Miscellaneous Bail Application No.7932/2019 decided on 26.02.2019; (30) Jagdish Kanani Vs. CGST in S. B. Criminal Miscellaneous Bail Application No.3472/2019 decided on 26.02.2019; (31) Jatindar Manro Vs. DGGI in S. B. Criminal Miscellaneous Bail Application No.36714/2018 decided on 27.08.2019 and (32) Sandeep (Downloaded on 27/07/2022 at 10:08:45 PM) (5 of 5) [CRLMB-10227/2022] Goyal, Rajesh Arora Vs. Union Of India in S. B. Criminal Miscellaneous Bail Application No.1405/2019 decided on 27.02.2019.
5. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.
6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Gagan Sharma S/o Sh. Ganpat Lal Sharma shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
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