Case Law Details
Mukul Mittal Vs Directorate General of GST Intelligence (Delhi High Court)
The petitioner has been in custody now for 56 days. The maximum sentence provided for the offence alleged against the petitioner is imprisonment for a period of five years, therefore the learned Chief Metropolitan Magistrate is required to take congnizance on the complaint is required to be filed in 60 days.
On a query put to the Senior Investigating Officer of the respondent Mr. Neeraj, as to whether the respondent is likely to file a complaint within four days, he very fairly states that since around 100 hard-drives have been recovered from the offices of the petitioner and his brother, the same are required to be analyzed and a detailed investigation is required to be carried out to find out the number of fake firms, the complete transactions carried out as also the number of beneficiaries of the fake bills and invoices generated by the petitioner and the co-accused. He further states that a comprehensive complaint cannot possibility be filed in four days.
It is thus evident that the respondent does not propose to file a complaint within 60 days and after 4 days the petitioner would in any case be entitled to the default bail as a matter of right.
Consequently, the petitioner is directed to be released on bail on his furnishing a personal bond in the sum of ₹1 lakh with one surety bond of the like amount subject to the satisfaction of the learned CMM/Duty Magistrate concerned, further subject to the condition that the petitioner will not leave the country without the prior permission of the Court concerned and in case of change of mobile number and/or the residential address the petitioner will intimate the same to the Court concerned by way of an affidavit.
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