Aditya Kumar Nayak vs. State Of Odisha
Held
The Court disposed of the bail application, observing that the learned Assistant Sessions Judge, Chandikhole, had passed an order in B.A. No. 275 of 2019 on 05.11.2019. Considering the submissions of both parties, the submission of the charge sheet, and subsequent developments, the Court directed that the petitioner is at liberty to move the court currently seized of the case. The petitioner should cite all developments that have occurred in the meantime for proper consideration and disposal in accordance with the law. The Court did not grant bail directly but provided a procedural path for the petitioner to seek relief from the appropriate court.
Facts
The petitioner sought bail under Section 439 Cr.P.C. in connection with an alleged offence under Sections 132(1)(b), (c), and (l) of the Odisha Goods & Services Tax Act, 2017. The case originated from GST & CT Enforcement Unit, Jajpur Road Case No. 1/2019-20, corresponding to 2(C) C.C. No. 6 of 2019, pending before the learned J.M.F.C., Chandikhole. The petitioner's counsel argued that co-accused in similar circumstances had been granted bail. The GST Department's counsel pointed out that a bail application for a co-accused in a similar footing was disposed of by granting liberty to move the trial court. The Court noted that a charge sheet had been submitted and there were subsequent developments.
Key Issues
1. Whether the petitioner is entitled to bail under Section 439 Cr.P.C. in light of the alleged offences under Sections 132(1)(b), (c), and (l) of the Odisha Goods & Services Tax Act, 2017? Petitioner's contention: The petitioner argued that other co-accused persons, who are in a similar position, have already been released on bail by this Court in previous applications (BLAPL No.9529 of 2019 and BLAPL No.10958 of 2019), and therefore, the petitioner should also be granted bail. Revenue's contention: The GST Department's counsel submitted that a bail application filed by a co-accused in a similar footing (BLAPL No.9584 of 2019) was disposed of on 14.05.2019, granting liberty to move the trial court. The Department did not explicitly argue against bail but highlighted the previous order.
Sections Cited
Section 132(1)(b), Section 132(1)(c), Section 132(1)(l)
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05.06.2020
Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.
Heard Mr. Nayak, learned counsel for the petitioner and Mr. S. S. Padhy, learned counsel for the G.S.T. Department.
This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner.
Allegation of commission of offence under Sections 132(1)(b)(c) & (1) of Odisha Goods & Services Tax Act, 2017 has been made against the petitioner in connection with GST & CT Enforcement Unit, Jajpur Road Case No.1/2019-20 of 2019 corresponding to 2(C) C.C. No.6 of 2019 pending in the Court of learned J.M.F.C., Chandikhole.
Mr. Nayak, learned counsel for the petitioner submits that other co-accused persons, who stand in the similar footing have already been released on bail by this Court in BLAPL No.9529 of 2019, disposed of on 06.03.2020 and BLAPL No.10958 of 2019, disposed of on 17.03.2020. Hence, he prays for that the petitioner may be released on bail.
Mr. Padhy, learned counsel for the GST Department submits that the bail application filed by co-accused persons, who stand in similar footing in BLA
The judgment continues below.
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