Case Law Details

Case Name : Chhaya Devi Vs Union of India & Anr. (Supreme Court of Court)
Appeal Number : Special Leave to Appeal (Crl.) No(s). 3313/2021
Date of Judgement/Order : 22/04/2021
Related Assessment Year :

Chhaya Devi Vs Union of India & Anr. (Supreme Court of Court)

Supreme Court Grants Bail to petitioner Chhaya Devi in Alleged GST Evasion Case who  is a widow with five daughters and claimed that her  business was being looked after by the Manager who was in-charge of the business. Bail is Subject to deposit of Rs. 1 crores and giving affidavit that there would not be any encumbrance on any of the properties.

Read High Court Judgment: Running of Business by Manager not sufficient ground for Bail in GST Evasion Case

FULL TEXT OF THE SUPREME COURT JUDGEMENT

Mr. Mukul Rohatgi, learned Senior Advocate appearing for the petitioner submits that;

(a) the petitioner was arrested on 19.01.2021 and since then has been in custody.

(b) the Charge-sheet was filed on 16.03.2021.

(c) The petitioner is a widow with five daughters and that the business was being looked after by the Manager who was in-charge of the business.

Mr.Rohatgi, learned Senior Advocate further submits that his client shall file an Undertaking within five days to the effect that she shall not create any encumbrance with respect to the properties of the business as well as her personal properties till further orders and that his client will deposit the amount representing the admitted duty element.

Considering the facts and circumstances on record:

We issue notice, returnable on 10.05.2021 subject to following conditions:

(1) The petitioner shall deposit a sum of Rs.1 crore with the concerned authorities on or before 10.05.2021 and shall file appropriate proof in the Registry of this Court.

(2) The Undertaking as stated above shall be filed within five days.

Pending further consideration, the petitioner shall be released on ad interim bail subject to the satisfaction of the concerned Trial Court and to facilitate the cause the petitioner shall be produced before the concerned Trial Court within three days from today.

The Trial Court shall release the petitioner on bail subject to such conditions as the Trial Court may deem appropriate.

Download Judgment/Order

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