Supreme Court - Daily Orders
Subhash Chouhan vs Union Of India on 20 January, 2023
Bench: Krishna Murari, B.V. Nagarathna
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 186 /2023
(@ SLP (CRL.)NO.6640/2022)
SUBHASH CHOUHAN APPELLANT(S)
VERSUS
UNION OF INDIA & ANR. RESPONDENT(S)
O R D E R
Leave granted.
Heard learned counsel for the parties. The challenge in this appeal has been made to the Order dated 21.06.2022 passed by the High Court of Chhattisgarh granting bail to the appellant subject to conditions. One of the conditions was that the appellant shall deposit a sum of Rs.70 Lakhs under protest, in favour of the Principal Commissioner, CGST, Raipur within a period of 45 days from the date of his release. It is this condition, which is under challenge before us.
Learned counsel appearing for the appellant submits that the condition to deposit Signature Not Verified Rs.70 Lakhs within 45 days from the date of the Digitally signed by GEETA AHUJA Date: 2023.01.20 17:50:35 IST Reason: release as a pre-requisite condition for the bail is not sustainable inasmuch as the First Information 2 Report was in respect of wrongfully availing the Input Tax Credit of Rs.6,95,32,472/.
It is further submitted that there is no final assessment in this regard under the GST Act. Hence it cannot be presumed that the appellant is under a legal liability to pay the said amount.
As an officer of this Court, Mr. K.M. Nataraj, learned ASG appearing for the Union of India/State has fairly stated that such a condition cannot be imposed while granting bail.
Considering the above facts and circumstances, in our considered opinion, the condition directing the appellant to deposit a sum of Rs.70 Lakhs is not liable to be sustained and is hereby set aside.
The rest of the conditions in the impugned order are sustained.
The appeal accordingly, stand allowed to that extent. Pending application(s), if any, shall stand disposed of.
.......................J. ( KRISHNA MURARI ) .......................J. ( B.V. NAGARATHNA ) NEW DELHI 20th JANUARY, 2023 3 ITEM NO.51 COURT NO.13 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 6640/2022 (Arising out of impugned final judgment and order dated 21-06-2022 in MCRC No. 900/2022 passed by the High Court Of Chhatisgarh At Bilaspur) SUBHASH CHOUHAN Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) (IA No.99109/2022-EXEMPTION FROM FILING O.T. ) Date : 20-01-2023 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Himanshu Tyagi, AOR Mrs. Poonam Sharma., Adv. Mr. Moksh Tyagi, Adv.
For Respondent(s) Mr. K.M. Nataraj, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mr. Sharath Nambiar, Adv. Mr. Vinayak Sharma, Adv. Mr. Bhuvan Kapoor, Adv.
Mr. Sumeer Sodhi, AOR Mr. Devashish Tiwari, Adv. Ms. Tanya Verma, Adv.
UPON hearing the counsel the court made the following O R D E R Leave granted.
The appeal stands allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(Geeta Ahuja) (Beena Jolly) Assistant Registrar-cum-PS Court Master
(Signed Order is placed on the file)