Manoj Kumar Pandey vs. State Of Odisha
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Cause title — parties, addresses and appearances
ORDER(ORAL)
2024
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
This is the second bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with 2(c)CC Case No. 27 of 2022 arising out of CT & GST Enforcement Unit, Rourkela Case No. 03/2022-23 pending in the file of learned JMFC, Rourkela for commission of offences punishable under Sections 132(1)(b)(c) and (1) of the Odisha Goods and Services Tax Act, on the allegation of wrongfully claiming, utilizing and passing of input tax credit to him without physical receipt and supply of goods on the strength of forged documents purportedly issued in the name of non-existent and ghost business entities created and operated by him along with other accused persons.
Heard, Mr. R.P. Kar, learned Senior Counsel for the Petitioner and Mr. Sesadev Das, learned ASC appearing for CT & GST in the present matter and perused the record. It is apprised by Mr. Kar, learned Sr. Counsel that this is the second bail application of the Petitioner, but no bail application of the Petitioner is pending before any other forum except this one.
It is brought to the notice of the Court that four co-accused standing on similar footing have already been granted bail by a common order passed on 27.03.2024 in BLAPL Nos. 13103, 10652, 11209 and 11210 of 2023. Indisputably, the Petitioner is in custody since 06.07.2022, but the maximum punishment provided for the offence alleged against the Petitioner is five years.
In view of the aforesaid facts and circumstance and taking into consideration the long custody of the Petitioner and regard being had to the release of co- accused Subash Kandulna, Chhatar Singh, Ram Bharose Shaw and Dhanman Shaw on bail in BLAPL Nos. 13103, 10652, 11209 and 11210 of 2023, this Court without expressing any opinion on merits of the case admits the Petitioner to bail on the same terms and conditions as imposed while releasing the aforesaid co-accused persons on bail.
Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing an unencumbered property surety of Rs.50,00,000/- (Rupees Fifty Lakhs), in addition to bail bonds in the sum of Rs.5,00,000/- (Rupees Five Lakhs) with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case,
on such other terms and conditions as deem fit and proper by it with following conditions:- (i) the Petitioner shall not commit any offence while on bail,
(ii) the Petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law and (iii) the Petitioner shall not leave the juri iction of the trial Court without prior permission till disposal of the case by giving his present address of stay.
(iv) the Petitioner shall inform the Court as well as the concerned GST Office at Rourkela as to his place of residence during the trial by providing his mobile number(s), residential address, e-mail, if any, and other documents in support of proof of his residence. The Petitioner shall not change his address of residence without intimating to the Court and GST Office,
(v) in case the Petitioner misuses the liberty of bail and in order to secure their presence, proclamation U/S.82 of Cr.P.C. is issued and the Petitioner fails to appear before the Court on the date fixed in such proclamation, then, the learned trial Court is at liberty to initiate proceeding against him for offence U/S.174-A of the IPC in accordance with law.
(vi) the Petitioner shall appear before the GST Office at Rourkela as and when
required and shall cooperate with the further investigation in the present case.
(vii) the Petitioner shall surrender his passport, if any, in the Court in seisin of the case till conclusion of trial, unless he is permitted to take back such passport to use for specific purpose during the pendency of the case and in case, the petitioner is not having any passport, he shall file an affidavit before the trial Court indicating the same.
It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner for similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.
Accordingly, the BLAPL stands disposed of.
Issue urgent certified copy of the order as per Rules.
(G. Satapathy)
Judge Priyajit
Reproduced from the public record of the Orissa High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.