Case Law Details
Makhijani Pushpak Harish Vs State of Gujarat (Supreme Court of India)
Pre-condition of furnishing bank guarantee in case of bail not sustainable
The Hon’ble Supreme Court in Makhijani Pushpak Harish v. The State of Gujarat [SLP (CRL.) No. 2868 of 2023 dated April 19, 2023] set aside the order passed by the Superintendent which was modified by the Gujarat High Court directing the assessee to furnish bank guarantee for bail.
Facts:
Makhijani Pushpak Harish (“the Petitioner”) was arrested on the basis of complaint filed by the Superintendent (Prevention) of Central GST and Central Excise, Vadodara, for the offences punishable under section 69 and section 132(1)(a) of the Central Goods and Services Tax Act, 2017 (“the CGST Act”), the Petitioner filed an application for bail under Section 437 of the Code of Criminal Procedure, 1973 (“the CRPC”) for seeking bail before the Court of Chief Judicial Magistrate (“the Magistrate”), Vadodara.
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