Tirthankar Patel vs. State Of Odisha
Held
The Court dismissed the bail application. The reasoning was based on the magnitude of the economic offence committed by the petitioner and others, which caused substantial loss to the State exchequer. The Court noted that such offences pose a grave threat to the GST regime, which aims for rapid growth in trade and commerce. At this stage, with the investigation still in progress, and the likelihood of unearthing further facts related to the well-planned economic offence, the Court found it to be an unfit case for granting bail. The operative direction was the dismissal of the bail application (BLAPL).
Facts
The petitioner, in custody in connection with C.C Case No. 1513 of 2019, filed an application under Section 439 of the Cr.P.C. for release on bail. The case involves alleged commission of offences under Section 132(1)(b)(c)(1) of the OGS Act. The petitioner is an Ex-Serviceman who formed an NGO. The State contends that the petitioner and others committed economic offences causing significant loss to the State exchequer, thereby posing a grave threat to the GST regime. The investigation is ongoing, and further facts related to the well-planned economic offence are likely to be unearthed.
Key Issues
1. Whether the petitioner is entitled to be released on bail under Section 439 of the Cr.P.C. in connection with alleged offences under Section 132(1)(b)(c)(1) of the OGS Act, considering the magnitude of the economic offence and the ongoing investigation? Petitioner's contention: The petitioner sought release on bail under Section 439 of the Cr.P.C. Revenue/State's contention: The State argued that the petitioner and others committed economic offences causing huge loss to the State exchequer, posing a grave threat to the GST regime. The investigation is in progress, and more facts are likely to be unearthed, making it an unfit case for bail.
Sections Cited
Section 132(1)(b)(c)(1), Section 439
AI-generated summary — verify with the full judgment below
04.12.2019:
The petitioner being in custody in connection with 2(a)C.C Case No. 1513 of 2019 on the file of learned S.D.J.M., Titilagarh, running 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 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 to 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 dismissed. Issue urgent certified copy as per rules.
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