Case Law Details
Saurabh Kumar Vs State of Madhya Pradesh (Supreme Court of India)
Summary: In the case of Saurabh Kumar vs State of Madhya Pradesh, the petitioner, Saurabh Kumar, had been in custody since October 18, 2023, following his arrest in connection with a GST-related investigation. The case, registered by the Directorate General of GST Intelligence (DGGI), Indore, involved alleged violations under Sections 132(1)(b) and 132(1)(f)(i) of the Central Goods and Services Tax (CGST) Act, 2017. These sections relate to offenses concerning fraudulent documentation and improper handling of tax liabilities. The investigation was completed, and the chargesheet (challan) was filed, although the trial was expected to take time.
The Supreme Court considered the period of incarceration and the nature of the allegations before deciding to grant bail to Kumar. The Court ordered his release on bail with a bond of ₹1,00,000 and equivalent sureties. The conditions included surrendering his passport and restricting his travel outside India without prior permission from the Court. Additionally, the petitioner was directed to regularly attend the trial unless explicitly exempted. Non-compliance with these terms could result in legal consequences. The Special Leave Petition was thus allowed, with any pending applications being disposed of.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
The petitioner is in custody w.e.f. 18.10.2023 in connection with Crime No. DGGI/INV/GST/4059/2022GRA under Sections 132 (1)(b), 132(1)(f)(i) of the Central Goods and Services Tax (CGST) Act, 2017 registered with the Directorate General of GST Intelligence Regional Unit, Indore, Madhya Pradesh and filed this petition seeking regular bail.
Having considered the submissions made and looking to the period of incarceration and the allegations as alleged which relate to the documentary evidence in which after completion of the investigation, the challan has already been filed and the trial may take some time, therefore, at present, without expressing any opinion on the merits of the case, we are inclined to allow this petition and direct to release the petitioner on bail on furnishing the bail bonds to the tune of Rs. 1,00,000/ (Rupees One Lakh) and sureties of the like amount and on such other terms and conditions as may be deemed fit by the trial court.
We make it clear that the petitioner shall surrender his Passport to the court concerned and shall not leave the precincts of India without leave of this Court.
It is needless to observe that the petitioner shall regularly attend the trial until exempted by the orders of the Court. Violation, if any, may give a cause to take recourse as permissible and the trial court is at liberty to do the needful.
Accordingly, and in view of the foregoing, this Special Leave Petition stands allowed. Pending application(s), if any, shall stand disposed of.
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