Dinesh Vyas vs. The Union Of INDIA Through GST Council
Held
The Court held that it was not inclined to modify the bail condition. The reasoning was based on the submission by the Union of India that the investigation was yet to be completed. The Court found this reason sufficient to uphold the existing condition. Therefore, the condition requiring the petitioner to appear before the Investigating Officer once a fortnight until the completion of the investigation was maintained. The Court did not express any view on the merits of the underlying GST investigation itself, focusing solely on the bail condition. The criminal miscellaneous petition was dismissed.
Facts
The petitioner, Dinesh Vyas, filed a criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure seeking modification of bail conditions imposed on him. The bail conditions, granted via an order dated 25.09.2018 in B.A. No. 6909 of 2018, required him to appear before the Investigating Officer once a fortnight. The petitioner, a resident of Jodhpur, argued that this frequent appearance was difficult due to his residence. The Union of India, represented by the Directorate General of GST Intelligence, opposed the modification, stating that the investigation was ongoing and the condition was justified.
Key Issues
1. Whether the condition of appearing before the Investigating Officer once a fortnight, imposed as a bail condition, should be modified considering the petitioner's residence outside the jurisdiction. This issue turns on the court's discretion in imposing and modifying bail conditions under Section 482 of the Cr.P.C. Petitioner's argument: The petitioner contended that his residence in Jodhpur makes it difficult to comply with the fortnightly appearance requirement before the Investigating Officer. Revenue's argument: The Union of India argued that the investigation is still incomplete, and therefore, the condition of fortnightly appearance until the completion of the investigation is justified and necessary for the progress of the probe.
Sections Cited
Section 482
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M.P. No. 3767 of 2018 ---- Dinesh Vyas
… Petitioner -versus- The Union of India through GST Council, Ministry of Finance, Government of India, Through the Senior Intelligence Officer, Directorate General of GST Intelligence
… Opposite Party ---- CORAM : HON’BLE MR. JUSTICE ANANDA SEN ---- For the Petitioner : Mr. Nitin Kumar Pasari, Advocate For the Union of India : Mr. Ratnesh Kumar, A.P.P. ---- 4/ 05.12.2018 Heard learned counsel for the parties.
Through the present criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, petitioner prays for modifying the conditions of bail, which has been imposed upon the petitioner vide order dated 25.09.2018 in B.A. No.6909 of 2018. Learned counsel for the petitioner submits that the petitioner is a resident of Jodhpur and it has become difficult for him to appear before the Investigating Officer once a fortnight.
Learned counsel appearing for the Union of India submits that investigation is yet to be completed and the said condition of appearance of the petitioner once a fortnight before the Investigating
The judgment continues below.
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Reproduced from the public record of the Jharkhand High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.