Rajasthan High Court - Jaipur
Sher Singh Shekhawat S/O Shri Ishwar ... vs Union Of India on 6 October, 2021
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 16286/2021
Sher Singh Shekhawat S/o Shri Ishwar Singh Shekhawat, Aged
About 41 Years, R/o B-805 Madhav Hill Bhagavadi Road
Bhavnagar Gujarat -364002 At Present Confined To Central Jail
Jaipur
----Petitioner
Versus
Union Of India, Director General Of Goods And Services Tx
Intelligence Jaipur Zonal Unit Jaipur Through Special Pp
----Respondent
For Petitioner(s) : Mr. Manish Sharma
Mr. S.S. Hora
Mr. Gautam Bhadadra
For Respondent(s) : Mr. S.S. Ola, PP
Mr. Kinsuk Jain for complainant
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
06/10/2021
1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with Case No. DGGI/jzu/inv/Gr-H/GST/16/2019-20 for the offence(s) under Sections 132(1)(a),(c),(h),(2) read with Section (5) of Goods and Services Tax Act, 2017.
2. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that he has preferred this bail application under Section 439 Cr.P.C. Counsel further submits that challan has already been presented in the Court and conclusion of trial may take long time. Counsel further submits that case is triable by Magistrate and is (Downloaded on 06/10/2021 at 09:37:58 PM) (2 of 2) [CRLMB-16286/2021] compoundable by Commissioner under Section 138. Counsel further submits that no criminal case is pending against the petitioner. Counsel further submits that allegation against the petitioner is wrongful availment of input tax credit to the tune of Rs. 5,12,18,594/-. Counsel furthers submits that up to Rs. 5 crores the offence is bailable. Counsel further submits that the petitioner is in custody since 22.09.2021
3. Learned Public Prosecutor assisted by counsel for the complainant has opposed the bail application. Counsel for the complainant submits that in this matter huge amount is involved.
4. Considering the material on record and taking into account the facts and circumstances of the case and considering the period of custody and the fact that proceedings may take long time and also the fact that offence is compoundable by Commissioner and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.
(INDERJEET SINGH),J CHETNA BEHRANI /306 (Downloaded on 06/10/2021 at 09:37:58 PM) Powered by TCPDF (www.tcpdf.org)