Mukul Chandra Agarwal vs. Directorate Of Enforcement

CRLP/2909/2023HC Andhra PradeshGSTCNR APHC01019402202311 May 2023Bench: K SREENIVASA REDDY2 pages
AI SummaryAllowed

Held

The Court decided to allow the Criminal Petition, granting bail to the petitioner. The reasoning behind this decision is not elaborated in the advance order. The operative directions are that the petitioner shall be enlarged on bail upon executing a personal bond of Rs. 50,000/- with two sureties for the like sum, to the satisfaction of the I Additional Sessions Judge-cum-Metropolitan Sessions Judge, Visakhapatnam. Additionally, the petitioner must cooperate with the investigating agency, attend before them weekly on Fridays between 10:00 AM and 5:00 PM, and surrender their passport to the Court below. No issues were expressly left undecided.

Facts

This is an advance order in Criminal Petition No. 2909 of 2023 before the High Court. The petitioner is seeking bail. The order does not specify the tax period, the order or action under challenge, the authority that passed it, or the amount in dispute. The procedural history is limited to the filing of the criminal petition before the High Court. The judgment does not provide details regarding the allegations or the investigation.

Key Issues

The primary issue before the Court was whether to grant bail to the petitioner in connection with a criminal case related to GST. The judgment does not explicitly frame the issues as questions of law or mixed law and fact, nor does it name specific provisions of the CGST Act or SGST Act that are central to the bail application. Arguments from both the petitioner and the revenue or state are not recorded in this advance order. The court's decision on bail is presented without detailing the specific legal arguments or precedents considered.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION NO. 2909 OF 2023 ADVANCE ORDER : In the result, the Criminal Petition is allowed. The petitioner shall be enlarged on bail on his executing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties each for the like sum to the satisfaction of the I Additional Sessions Judge-cum- Metropolitan Sessions Judge, Visakhapatnam. . On release, the petitioner shall co-operate with the investigating agency and shall attend before the investigating agency once in a week i.e. on every Friday between 10.00 AM and 5.00 PM. The petitioner shall surrender his passport before the Court below. (Detailed order follows…) ___________________________________ JUSTICE K. SREENIVASA REDDY 12.5.2023 Registry to dispatch the advance forthwith and send the bundle to the chambers SRK, J. BO DRK 2 THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY

IN CRIMINAL PETITION NO. 2909 OF 2023

DATE: 12.5.2023

DRK

The judgment continues below.

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Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.