Smruti Ranjan Sahoo vs. State Of Odisha (GST Deptt.)
Held
The Court found the petitioner involved in significant economic offenses of a grave nature, aimed at making unlawful financial gains. Considering the magnitude and nature of the alleged fraud, the Court was not inclined to grant bail.
Facts
The petitioner, proprietor of M/s. S.R. Enterprises, is accused of defrauding the State exchequer by availing and passing on bogus Input Tax Credit (ITC) on the strength of fake invoices from non-existent firms. The alleged fraud amounts to approximately Rs. 19.04 crores.
Key Issues
The primary issue was whether the petitioner, accused of serious economic offenses involving fraudulent ITC claims, should be granted bail. The court considered the gravity of the alleged offenses and the evidence presented.
Sections Cited
Section 132(1)(b), Section 132(1)(c), Section 132(1)(i), Section 439
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER 22.09.2021
1. The matter is taken up through hybrid arrangement (virtual/physical) mode.
The Petitioner being in custody in connection with P.R. No.02 of 2020-21 dated 17.12.2020 of Deputy Commissioner of State Tax, CT & GST Enforcement Unit, Bhubaneswar, corresponding to 2(C) CC Case No.317 of 2021 registered for commission of offences punishable under section 132 (1)(b)(c) and (1) of OGST Act, 2017 which punishable under Section- 132(1)(i) of the Act, has filed this application under Section-439 of the Code of Criminal Procedure for his release on bail.
Mr. M.K. Mishra, Learned Senior Counsel for the Petitioner submitted that the complaint contains the allegations that the Petitioner being t
The judgment continues below.
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