Case Law Details
Rajesh Arora Vs Union of India (Rajasthan High Court)
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 15/2018 registered at Directorate General of Goods and Services Tax Intelligence Zonal Unit, Jaipur for offences under Sections 132(1)(B), (C), (D), (F), (I), (L) of the Central Goods and Services Tax Act, 2017.
Learned counsel for the petitioner has submitted that petitioner is in custody since 03.08.2018. Maximum period of sentence that can be awarded in the present case is five years.
Learned counsel for the respondent has opposed the petition and has submitted that bail petition filed by similarly situated co-accused Sandeep Goyal was dismissed by this Court vide order dated 05.02.2020. Hon’ble Apex Court in the case of Co-accused Sandeep Goyal (Petition for Special Leave to Appeal (Crl.) No. 1803/2020) has not granted bail to him and vide order dated 17.04.2020 has directed that investigation be completed within a period of three months from that day and in case investigation is not completed within three months, then the petitioner therein be released on bail by the trial court by imposing appropriate terms and conditions.
Order dated 17.04.2020 passed by the Hon’ble Supreme Court in the case of Co-accused Sandeep Goyal is reproduced as under:
“The allegation against the petitioner is that he has created about 555 fake firms and has committed fraud to the tune of Rs. 74,00,00,000/- (Rupees seventy four crore only).
Mr. K.M. Natraj, learned additional solicitor general, submits that the investigation is still pending and more number of fake firms created by the petitioner are being detected.
It is not in dispute that the maximum punishment to be imposed on the petitioner, if convicted, is five years. It is also not in dispute that the petitioner has already undergone one year and eight months imprisonment. It is brought to our notice that some of the accused are released on bail.
Be that as it may, having regard to the totality of facts and circumstances, we deem it appropriate to pass the following order:
The State shall make endeavour to complete the investigation within three months from today.
In case the investigation is not completed within three months from this day, the petitioner shall be released on bail by the Trial Court by imposing appropriate terms and conditions.
If the investigation is completed, the report shall be filed before the concerned court. In case, the investigation is completed and the report is filed within three months from today, it is open for the petitioner to move the trial court for bail, if he so chooses. If such an application is filed, the same shall be considered on its own merits by the trial court.
The special leave petition is disposed of accordingly.”
Keeping in view the above order dated 17.04.2020 passed by the Hon’ble Supreme Court, it is ordered that in case investigation is not completed in terms of aforesaid order passed by the Hon’ble Supreme Court, i.e., within three months from 17.04.2020, petitioner be released on bail by the trial court, subject to its satisfaction.
It is further ordered that in case investigation is completed within three moths from the date of the order passed by the Hon’ble Supreme Court, i.e., 17.04.2020, it would be open for the petitioner to move the trial court for bail. In case, any such application is filed by the petitioner, the same be disposed of by the trial court on merits in accordance with law.
Petition stands disposed of accordingly.
