Case Law Details
Hitesh Prabhudas Lodhiya Vs State of Gujarat (Gujarat High Court)
The Gujarat High Court recently granted bail in a significant case involving an alleged GST scam amounting to Rs. 1466 crores. The accused, Hitesh Prabhudas Lodhiya, filed for regular bail under Section 439 of the Code of Criminal Procedure, 1973. The case, registered with the Directorate General of GST Intelligence, Rajkot, has sparked debates on the complexities surrounding the prosecution and the severity of the charges.
Detailed Analysis: Hitesh Prabhudas Lodhiya’s defense emphasized his cooperation with the investigation, providing crucial information that led to the filing of a complaint against him. The defense argued that the prescribed punishment for the alleged offense is imprisonment for five years, triable by the Court of Magistrate. The delay in the trial commencement, coupled with the applicant’s cooperation, formed the basis for the bail plea.
On the opposing side, the prosecution contended that the entire scam involves a staggering amount of Rs. 1466 crores. They highlighted the accused as the main perpetrator, allegedly benefiting from Input Tax Credit through forged records. The ongoing investigation involves unraveling the entire money trail and implicating other co-accused, making the accused’s custody crucial.
The court, after hearing both parties, considered the completion of the investigation with the filing of a charge-sheet. The applicant had been in custody since October 2023, facing allegations of availing Input Tax Credit through fraudulent means. Despite the severity of the charges, the court took into account the lengthy trial timeline and exercised discretion in favor of granting regular bail.
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