Pramod Kumar Sahoo vs. State Of Odisha
Held
The Court directed the release of the petitioner on bail, considering the charge sheet has been filed, the investigation is complete, and the nature of the offence is compoundable. It emphasized that prolonged custody might not serve the ends of justice, especially when the trial may take time.
Facts
The petitioner, proprietor of M/s. Sahoo Traders, was arrested for allegedly availing and utilizing bogus Input Tax Credit (ITC) of Rs. 2.48 crores on fake invoices and passing on bogus ITC of Rs. 2.48 crores. Further allegations suggest involvement in creating and operating fictitious firms to avail/utilize bogus ITC of Rs. 34.23 crores.
Key Issues
The primary issue was whether the petitioner should be granted bail given the serious allegations of GST fraud and the stage of the proceedings. The court also considered the principles of bail in economic offences and the potential for prolonged pre-trial detention.
Sections Cited
Section 132(1)(i), Section 132(ii), Section 132(1)(iii)
AI-generated summary — verify with the full judgment below
HIGH COURT OF ORISSA: CUTTACK
BLAPL No.4125 OF 2020
(In the matter of an application under Section 439, Criminal Procedure Code, 1973)
Pramod Kumar Sahoo
… Petitioner
Versus
State of Odisha
… Opposite Party
For petitioner : Shri Ravi Shankar Samal
S. Mishra, S.N. Kanungo,
S.P.Jena, & R. Mohanty
(Advocates)
For the Opp. Party: Shri Sunil Kumar Mishra,
Additional Standing Counsel
PRESENT
THE HONOURABLE SHRI JUSTICE S.K. PANIGRAHI
Date of Hearing: 16.10.2020 Date of judgment: 23.12.2020
The present petition arises out of a written arrest memo bearing No. 104/CT & GST issued by the Enforcement Unit Bhubaneswar dated 13.03.2020 U/s. 132(I)(b)(c)(i) of OGST Act 2017 whereunder the Petitioner has been arrested on 12.03.2020 and has since been in custody.
The brief facts of the case as alleged by the informant the CT & GST Enforcement unit, Bhubaneswar by the Deputy Commissioner of Sales Tax, CT& GST Enforcement Unit, BBSR, AFR
2
is that the petitioner is the proprietor of M/s.
The judgment continues below.
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