Case Law Details
Luv Vs State of Haryana (Punjab and Haryana High court)
The allegations in the present case are that the petitioner and his accomplices claimed false input tax credit through bogus sale of goods without paying any GST. In this manner, the accused persons caused loss to the Government exchequer. As has been contended by the counsel for the petitioner such type of evasion to the extent of Rs.5 crore under GST Act, amounts to a bailable offence. Further in the present case, the petitioner has cooperated with the police and has handed over his laptop, voice sample and sample of his signatures to the police and is not required by the police for any further investigation.
In view of the above, this Court is of the opinion that the petitioner can be granted concession of anticipatory bail.
FULL TEXT OF THE JUDGMENT/ORDER OF PUNJAB AND HARYANA HIGH COURT
Prayer is for grant for anticipatory bail to the petitioner in case having FIR No.0394 dated 22.07.20/9 registered under Sections /20-B, 420, 467, 468, 47/, (Section 406 IPC added later on), Police Station City Fatehabad, District Fatehabad.
The counsel for the petitioner has submitted that as per allegations the petitioner and other co-accused caused loss of Rs./92/9675/- to Government Exchequer by claiming false input tax credit. That such type of evasion of GST upto amount of Rs.5 crores is considered as a bailable offence as per the provisions of Section /32 of GST Act. The counsel for the petitioner further submitted that the petitioner has joined the investigation and provided his voice sample, sample of his signatures and laptop to the investigating agency. So prayer is made that the order of interim bail dated 27.04.2022 be made absolute.
The present petition is resisted by the State counsel. However, the State counsel on instructions from Inspector Ashok Kumar has not disputed the fact that the petitioner joined the investigation with the police and provided his laptop, voice sample and sample of his signatures to the police and the same have been sent for examination to the concerned FSL but the report is still awaited.
The allegations in the present case are that the petitioner and his accomplices claimed false input tax credit worth Rs./92/9675/- through bogus sale of goods worth Rs.246392043/- without paying any GST. In this manner, the accused persons caused loss worth Rs./92/9675/- to the Government exchequer. As has been contended by the counsel for the petitioner such type of evasion to the extent of Rs.5 crore under GST Act, amounts to a bailable offence. Further in the present case, the petitioner has cooperated with the police and has handed over his laptop, voice sample and sample of his signatures to the police and is not required by the police for any further investigation.
In view of the above, this Court is of the opinion that the petitioner can be granted concession of anticipatory bail.
Accordingly, the present petition is allowed and order granting interimbail 27.04.2022 to the petitioner is herebymade absolute subject to the condition envisaged under Section 438(2) Cr.P.C.
Prayer is for grant for anticipatory bail to the petitioner in case having FIR No.0394 dated 22.07.20/9 registered under Sections /20-B, 420, 467, 468, 47/, (Section 406 IPC added later on), Police Station City Fatehabad, District Fatehabad.
The counsel for the petitioner has submitted that as per allegations the petitioner and other co-accused caused loss of Rs./92/9675/- to Government Exchequer by claiming false input tax credit. That such type of evasion of GST upto amount of Rs.5 crores is considered as a bailable offence as per the provisions of Section /32 of GST Act. The counsel for the petitioner further submitted that the petitioner has joined the investigation and provided his voice sample, sample of his signatures and laptop to the investigating agency. So prayer is made that the order of interim bail dated 27.04.2022 be made absolute.
The present petition is resisted by the State counsel. However, the State counsel on instructions from Inspector Ashok Kumar has not disputed the fact that the petitioner joined the investigation with the police and provided his laptop, voice sample and sample of his signatures to the police and the same have been sent for examination to the concerned FSL but the report is still awaited.
The allegations in the present case are that the petitioner and his accomplices claimed false input tax credit worth Rs./92/9675/- through bogus sale of goods worth Rs.246392043/- without paying any GST. In this manner, the accused persons caused loss worth Rs./92/9675/- to the Government exchequer. As has been contended by the counsel for the petitioner such type of evasion to the extent of Rs.5 crore under GST Act, amounts to a bailable offence. Further in the present case, the petitioner has cooperated with the police and has handed over his laptop, voice sample and sample of his signatures to the police and is not required by the police for any further investigation.
In view of the above, this Court is of the opinion that the petitioner can be granted concession of anticipatory bail.
Accordingly, the present petition is allowed and order granting interimbail 27.04.2022 to the petitioner is herebymade absolute subject to the condition envisaged under Section 438(2) Cr.P.C.
Prayer is for grant for anticipatory bail to the petitioner in case having FIR No.0394 dated 22.07.20/9 registered under Sections /20-B, 420, 467, 468, 47/, (Section 406 IPC added later on), Police Station City Fatehabad, District Fatehabad.
The counsel for the petitioner has submitted that as per allegations the petitioner and other co-accused caused loss of Rs./92/9675/- to Government Exchequer by claiming false input tax credit. That such type of evasion of GST upto amount of Rs.5 crores is considered as a bailable offence as per the provisions of Section /32 of GST Act. The counsel for the petitioner further submitted that the petitioner has joined the investigation and provided his voice sample, sample of his signatures and laptop to the investigating agency. So prayer is made that the order of interim bail dated 27.04.2022 be made absolute.
The present petition is resisted by the State counsel. However, the State counsel on instructions from Inspector Ashok Kumar has not disputed the fact that the petitioner joined the investigation with the police and provided his laptop, voice sample and sample of his signatures to the police and the same have been sent for examination to the concerned FSL but the report is still awaited.
The allegations in the present case are that the petitioner and his accomplices claimed false input tax credit worth Rs./92/9675/- through bogus sale of goods worth Rs.246392043/- without paying any GST. In this manner, the accused persons caused loss worth Rs./92/9675/- to the Government exchequer. As has been contended by the counsel for the petitioner such type of evasion to the extent of Rs.5 crore under GST Act, amounts to a bailable offence. Further in the present case, the petitioner has cooperated with the police and has handed over his laptop, voice sample and sample of his signatures to the police and is not required by the police for any further investigation.
In view of the above, this Court is of the opinion that the petitioner can be granted concession of anticipatory bail.
Accordingly, the present petition is allowed and order granting interimbail 27.04.2022 to the petitioner is herebymade absolute subject to the condition envisaged under Section 438(2) Cr.P.C.
Prayer is for grant for anticipatory bail to the petitioner in case having FIR No.0394 dated 22.07.20/9 registered under Sections /20-B, 420, 467, 468, 47/, (Section 406 IPC added later on), Police Station City Fatehabad, District Fatehabad.
The counsel for the petitioner has submitted that as per allegations the petitioner and other co-accused caused loss of Rs./92/9675/- to Government Exchequer by claiming false input tax credit. That such type of evasion of GST upto amount of Rs.5 crores is considered as a bailable offence as per the provisions of Section /32 of GST Act. The counsel for the petitioner further submitted that the petitioner has joined the investigation and provided his voice sample, sample of his signatures and laptop to the investigating agency. So prayer is made that the order of interim bail dated 27.04.2022 be made absolute.
The present petition is resisted by the State counsel. However, the State counsel on instructions from Inspector Ashok Kumar has not disputed the fact that the petitioner joined the investigation with the police and provided his laptop, voice sample and sample of his signatures to the police and the same have been sent for examination to the concerned FSL but the report is still awaited.
The allegations in the present case are that the petitioner and his accomplices claimed false input tax credit worth Rs./92/9675/- through bogus sale of goods worth Rs.246392043/- without paying any GST. In this manner, the accused persons caused loss worth Rs./92/9675/- to the Government exchequer. As has been contended by the counsel for the petitioner such type of evasion to the extent of Rs.5 crore under GST Act, amounts to a bailable offence. Further in the present case, the petitioner has cooperated with the police and has handed over his laptop, voice sample and sample of his signatures to the police and is not required by the police for any further investigation.
In view of the above, this Court is of the opinion that the petitioner can be granted concession of anticipatory bail.
Accordingly, the present petition is allowed and order granting interimbail 27.04.2022 to the petitioner is herebymade absolute subject to the condition envisaged under Section 438(2) Cr.P.C.
