Rajasthan High Court - Jaipur
Saurabh Chhajer S/O Shri Mahaveer Chand ... vs State Of Rajasthan on 24 September, 2019
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Interim) Bail Application No.
12943/2019
Saurabh Chhajer S/o Shri Mahaveer Chand Chhajer, Aged About
34 Years, R/o 6 Adinath Colony Ramnagar Ajmer At Present R/o
E-702 S.d.c., Green Park Apartment Janta Colony Adarsh Nagar
Jaipur Raj. (Presently Lodged In Central Jail Jaipur)
----Petitioner
Versus
1. State Of Rajasthan, through PP
2. Union Of India, through Senior Intelligence Officer
Directorate General Of Good And Service Tax Intelligence
Jaipur Zonal Unit Jaipur
----Respondents
For Petitioner(s) : Mr. Sudhir Jain.
For U.o.I. : Mr. Siddharth Ranka.
For State : Mr. Arvind Kumar, PP.
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Order
24/09/2019
1. Petitioner has filed this interim bail application under Section 439 of Cr.P.C.
2. Complaint No.34/2019 is pending before the Court of Chief Metropolitan Magistrate (Economic Offences) Jaipur Metropolitan, for offence under Sections 132(1), (b) (c), (f), (g), (k), (i) of Central Goods and Service Tax Act 2017 read with Section 69 CGST Act punishable under Section 132(1)(i)(iv) of Central Goods and Service Tax Act, 2017 read with 132(5) of CGST Act.
3. It is contended by counsel for the petitioner that petitioner's wife is pregnant and the delivery is expected in last week of (Downloaded on 26/09/2019 at 09:21:57 PM) (2 of 3) [CRLMB-12943/2019] September, 2019. It is contended that the interim bail is sought on humanitarian grounds as husband's presence is important at the time of delivery. It is also contended that parents of petitioner's wife are not residing at Jaipur and there is no one to look after her.
4. Counsel for the petitioner has placed reliance on "Nandkumar Pandurang Ghadge vs. State of Maharashtra 2007 (23) R.C.R. (Criminal) 868" wherein interim bail was granted on humanitarian grounds as accused wife due to deliver very shortly.
5. Learned Public Prosecutor and counsel for the complainant have opposed the interim bail application. It is contended that petitioner is involved in claiming fake currency inputs to the tune of Rs.33 crore and regular bail was rejected twice by the Court below.
6. I have considered the contentions.
7. Considering the contentions of counsel for the petitioner and also the facts that petitioner's wife is due to deliver within this week and on humanitarian grounds, I deem it proper to allow the interim bail application of the petitioner for a period of fifteen days subject to petitioner surrendering his passport with the concerned Jail Superintendent.
8. This interim bail application is accordingly allowed and it is directed that accused-petitioner shall be released on interim bail for a period of fifteen days from the date of release. He should surrender after the expiry of interm bail i.e. on 09.10.2019 before (Downloaded on 26/09/2019 at 09:21:57 PM) (3 of 3) [CRLMB-12943/2019] the concerned Jail Superintendent. Petitioner is granted interim bail provided he furnishes a personal bond in the sum of Rs.10,00,000/- (Rupees Ten Lac Only) together with two sureties in the sum of Rs.5,00,000/- (Rupees Five Lac Only) each to the satisfaction of the learned trial court.
(PANKAJ BHANDARI),J CHANDAN /39 (Downloaded on 26/09/2019 at 09:21:57 PM) Powered by TCPDF (www.tcpdf.org)