Kamal Pasari vs. Union Of INDIA
Held
The Court held that the petitioner is not entitled to bail at this stage. The reasoning was based on the magnitude of the economic offense committed by the petitioner and others, which caused a huge loss to the State exchequer. The Court also considered that the offense posed a grave threat to the GST regime, aimed at achieving rapid growth in trade and commerce. Given that the investigation is ongoing and further facts related to the well-planned and designed economic offense are likely to be discovered, the Court found it was not a fit case for granting bail. The petition was accordingly disposed of.
Facts
The petitioner, an Ex-Serviceman, filed an application under Section 439 of the Cr.P.C. for release on bail. The petitioner is in custody in connection with C.C Case No.73 of 2019, pending before the learned S.D.J.M., Panposh, Rourkela. The alleged offense is under Section 132(1)(b)(c)(1) of the OGS Act. The petitioner had formed an NGO. The court considered the submissions of both parties and the materials on record. The alleged offense involves a significant economic offense causing substantial loss to the State exchequer and posing a threat to the GST regime.
Key Issues
1. Whether the petitioner is entitled to be released on bail under Section 439 of the Cr.P.C. in connection with the alleged offenses under Section 132(1)(b)(c)(1) of the OGS Act, considering the magnitude of the economic offense and the ongoing investigation. Petitioner's contention: The petitioner, an Ex-Serviceman, sought bail under Section 439 of the Cr.P.C. State's contention: The State argued that the alleged offense is a grave economic offense causing huge loss to the State exchequer, posing a threat to the GST regime, and that the investigation is still in progress with more facts likely to be unearthed.
Sections Cited
Section 132(1)(b)(c)(1), Section 439
AI-generated summary — verify with the full judgment below
05.12.2019:
The petitioner being in custody in connection with 2 (C) C.C Case No.73 of 2019 on the file of learned S.D.J.M., Panposh, Rourkela for alleged commission of offence under section 132(1)(b)(c)(1) of the OGS Act has filed this application under section 439 of the Cr.P.C. for his release on bail. Heard learned senior counsel for the petitioner and learned counsel for the State. Considering the submissions made and on going through the materials on record, further keeping in view the magnitude of the economic offence said to have been committed by the petitioner and others causing huge loss to the State exchequer, posing grave threat to the new regime of GST aimed to achieve rapid growth in trade and commerce in the country, at this stage when the investigation of the case is in progress and many more facts in relation to the commission of such well planned and designed economic offence with all the expertise are likely to be unearthed; I do not find it to be fit case for grant of bail to the petitioner. The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.
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