Case Law Details
Ashish Aggrawal Vs CGST (Patiala House Court)
An application under section 437 CrPC for grant of bail moved on behalf of accused Ashish Aggarwal is pending.
Reply filed.
Arguments heard.
Ld counsel for accused submits that accused is aged about 44 years of age and is suffering from severe Sleep Apnea and Hypertension. Ld counsel further submits that as per medical report of the accused, accused may lead to sudden Cardiac Death or brain death while sleeping and he has problem in breathings. Ld counsel further submits that his father had already expired and his mother aged about 66 years is suffering from Left Hand Paralysis, Blood Clotting in Brain and Osteoporosis and is bed ridden. Ld counsel further submits that no one is available in his family to look after after him. He further submits that accused is first time offender and since the arrest of the accused on 29.10.2020, the investigation agency conducted no investigation from him. He further submits that the statement of the accused had already been recorded by the 10 which has been duly retracted on 29.10.2020 itself and therefore said statement cannot be read against the accused in view of he Article 20 (3) of Constitution of India. He also submits that the accused is not the ultimate beneficiary of the alleged evasion of GST and the best case against him even if case of department is considered as gosple truth is of Rs. 7.63 Crors only. He further pointed out that as per reply of the department dated 10.11.2020 on an application u/s 91 CrPC, a sum of Rs. 7 Crores have already been secured. He also pointed out that accused may hamper the investigation, till date the department has not obtained any non bailable warrants or look out circular against the accused. He reply upon the judgment in the matter of Sanjay Maheshwari Vs. Commissioner of Customs, A. Tajudeen Vs. Union of India, Adani Enterprises Ltd., & Anr Vs. U0I, Champsi M. Shah Vs. UOI and D. K. Shivakumar Vs. Directorate of Enforcement and Make My Trip Vs. Union of India. Ld counsel for accused prays for grant of bail.
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