Case Law Details
Mohammad Shadab Kadri Vs Union Of India (Rajasthan High Court)
Introduction: The Rajasthan High Court recently addressed the bail application of Mohammad Shadab Kadri, filed under Section 439 Cr.P.C., arising from a complaint under Sections 132 (1) (b), (f), (h), (j), & (l) of the Central Goods and Services Tax Act, 2017. The case revolves around allegations of tax evasion and fraudulent practices, amounting to substantial financial implications.
Detailed Analysis: In the court proceedings, Kadri’s legal representation argued vehemently against his implication in the case, highlighting discrepancies in the chargesheet and drawing comparisons to similar cases where bail was granted. The defense emphasized the lack of evidence implicating Kadri in the creation of fake firms or availing illegal tax benefits.
Conversely, the respondent, represented by the Senior Standing Counsel, presented evidence suggesting Kadri’s involvement in creating multiple fake firms and benefiting from substantial input tax credit. Reference to legal precedents and observations from the Hon’ble Apex Court underscored the gravity of economic offenses and the need for stringent measures in such cases.
The court, after considering arguments from both sides, acknowledged the seriousness of the allegations against Kadri. Recognizing the potential magnitude of financial implications, the court imposed a significant condition for bail. Kadri was granted bail on the condition of depositing a substantial sum of Rs. 5 Crores before the respondent Department, ‘under protest’.
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