Case Law Details

Case Name : Pankajbhai Chaturbhai Rajput Vs State of Gujarat (Gujarat High Court)
Appeal Number : Criminal Misc.Application No. 13395 of 2022
Date of Judgement/Order : 22/09/2022
Related Assessment Year :

Pankajbhai Chaturbhai Rajput Vs State of Gujarat (Gujarat High Court)

In a alleged GST Evasion case High Court grants bail to accused considering that The applicant is in jail since 10.3.2022, The investigation is over and the charge-sheet is filed and during the course of custody, no incriminating material came to be recovered and/or discovered from the present applicant and thereby, no further custodial interrogation is required, Considering the nature of offences, all the offences are triable by Magistrate and Considering the fact that the prosecution could not point out as to how much amount is misappropriated under the Input Tax Credit and that material part of investigation is not done, more particularly, when the GST Officer has not lodged any complaint or FIR against the applicant for any misappropriation of the Government funds or State Exchequer.

FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT

Rule returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent – State.

1. The present successive bail application is filed under Section 439 of the Code of Criminal Procedure, 1973,for regular bail in connection with FIR being C.R.No.11191043220204 of 2022 registered with Shahpur Police Station, Ahmedabad for offence under Sections 406, 420, 465, 467, 471, 114 of Indian Penal Code.

2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. Learned APP appearing on behalf of the respondent -State has opposed grant of regular bail looking to the nature and gravity of the offence.

4. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order.

5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

6. This Court has considered following aspects,

(a) The applicant is in jail since 10.3.2022.

(b) The investigation is over and the charge-sheet is filed and during the course of custody, no incriminating material came to be recovered and/or discovered from the present applicant and thereby, no further custodial interrogation is required.

(c) Considering the nature of offences, all the offences are triable by Magistrate.

(d) Considering the fact that the prosecution could not point out as to how much amount is misappropriated under the Input Tax Credit and that material part of investigation is not done, more particularly, when the GST Officer has not lodged any complaint or FIR against the applicant for any misappropriation of the Government funds or State Exchequer.

In the facts and circumstances of the present case and considering the role attributed to the applicant and the allegations levelled against him, the case of the applicant deserves consideration and, therefore, I am inclined to consider the case of the applicant.

7. This Court has also taken into consideration the law laid down by the Hon’ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.11191043220204 of 2022 registered with Shahpur Police Station, Ahmedabad on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the India without prior permission of the concerned trial court;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;

9. The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if they are not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

10. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

11. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

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