Rajesh Jindal vs. The Commissioner Of Central Tax GST Delhi (West)

BAIL APPLN./3086/2018HC DelhiGSTCNR DLHC01589126201828 December 2018Bench: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI4 pages

For Petitioner: Mr. J. K. Mittal, Mrs. Vandana Mittal, Mr. Sumit Saurav and Mr. Ravi Rai, AdvocatesFor Respondent: Mr. Harpreet Singh, Senior Standing Counsel with Mr. Suresh Chaudhary and Ms. Suhani Mathur, Advocates

AI SummaryDismissed

Held

The High Court found no infirmity in the Sessions Court's order cancelling bail, noting that the cancellation was based on witness intimidation rather than the quantum of tax evasion. The Court held that the petitioner had misused his liberty and was not entitled to bail at that stage.

Facts

The petitioner's bail was cancelled by the Sessions Court based on allegations of tax evasion and witness intimidation. The petitioner argued that the tax evasion amount was misrepresented and that the offence was bailable. The respondent presented statements from witnesses claiming intimidation.

Key Issues

Whether the cancellation of the petitioner's bail was justified based on the alleged tax evasion amount and witness intimidation. Whether the offence of tax evasion, as alleged, was bailable.

Sections Cited

Section 132(4), Section 132(5), Section 132(1)(i)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. No. 3086/2018 & CRL.M. (BAIL) No. 2003/2018 & CRL.M.A. No. 50762/2018 RAJESH JINDAL ..... Petitioner Through Mr. J. K. Mittal, Mrs. Vandana Mittal, Mr. Sumit Saurav and Mr. Ravi Rai, Advocates. versus THE COMMISSIONER OF CENTRAL TAX GST DELHI (WEST) ..... Respondent Through Mr. Harpreet Singh, Senior Standing Counsel with Mr. Suresh Chaudhary and Ms. Suhani Mathur, Advocates CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R % 28.12.2018 BAIL APPL.No. 3086/2018 & CRL.M.(BAIL) No. 2003/2018 Pursuant to the last order dated 24.12.2018, the respondent has presented before the Court counter-affidavit dated 28.12.2018, explaining its stand in relation to the allegations on the basis of which bail granted to the petitioner was cancelled by the Sessions Court by order dated 22.12.2018. The counter affidavit is taken on record.

I have heard counsel for both parties at length.

The principal contentions advanced on behalf of the petitioner are as follows:

(i) that after his arrest on 01.08.2018, the petitioner was admitted to bail. The first application seeking cancellation of bail was moved by the respondent on 02.0

The judgment continues below.

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