Rakesh Sharma vs. State Of Haryana
Held
The Court granted regular bail to the petitioner, noting that he had undergone significant custody and that further detention would violate his right to a speedy trial. The Court emphasized that bail is the rule and jail is the exception.
Facts
The petitioner was accused of committing fraud against the state exchequer by floating a firm that obtained GST registration and passed on input credit. The firm's address and proprietor could not be traced, and a bank account provided was found to be fake.
Key Issues
Whether the petitioner is entitled to regular bail considering the period of custody and the right to a speedy trial, despite the allegations of GST fraud.
Sections Cited
Section 132
AI-generated summary — verify with the full judgment below
CRM-M-49811-2023 222 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-49811-2023 Date of Decision: 05.11.2024 Rakesh Sharma ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Gautam Dutt, Advocate and Mr. Ribhav Singla, Advocate for the petitioner Mr. Gaurav Bansal, DAG Haryana ***** KIRTI SINGH, J.(Oral) The jurisdiction of this Court under Section 439 Cr.P.C. has been invoked for grant of regular bail to the petitioner in case FIR No.0446 dated 15.09.2020 registered under Sections 420, 467, 468, 471 IPC (Section 132 C GST Act, 2017 added later on) at Police Station Kundli, District Police Sonipat.
The above-mentioned FIR was got registered on the basis of complaint made by Prashant Kadyan, Excise & Taxation Officer-cum- Proper officer (GST), Sonepat. The contents of the FIR are reproduced herein below :- “The case of prosecution is that a complaint/letter addressed to SHO, Police Station, Kundli was received from Prashant Kadyan, Excise & Taxation Officer-cum- Proper officer (GST), Sonepat, Ward No.2 Office of Dy. Excise & Taxation Commissioner (ST), Sector-27, near Mapsko City, HUDA Building, Sone
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