Case Law Details
Sanjay Kumar Bhuwalka Vs UOI (Calcutta High Court)
Calcutta High Court granted bail to the Alleged GST defaulters for alleged GST evasion by issuing fake invoices.
Calcutta High Court grants bail to alleged GST defaulters accused of evasion via fake invoices. Analysis of the court’s decision on bail conditions and statutory rights.
Mr. Moitra submits with regard to the statutory right of the petitioners to be released on bail with reference to provisions of Section 167 of the Code of Criminal Procedure and points out that the petitioners though have been admitted on bail but they could not meet the stringent conditions imposed on them and also submitted that the GST Authority/ Investigating Officer has not yet submitted Charge Sheet.
In rebuttal Mr. Maity refers to a decision in the case of State of Bihar & Anr v. Amit Kumar @ Bachcha Rai, reported in (2017) 13 SCC 751 to content that where the economic offence is committed, the petitioners are required to be put behind the bar and to hold the trial.
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