S.Raghunadha Gupta vs. Directorate General Of GST Intelligence
Held
The Court decided to relax the condition imposed on the petitioner for granting bail. The reasoning was based on the petitioner's consistent compliance with the bail condition since 2019 and the fact that the condition had already been relaxed twice. The Court found these circumstances sufficient to warrant further relaxation. The specific bail condition that was relaxed was the requirement for the petitioner to appear before the concerned Court every Monday between 10:00 am and 5:00 pm until the charge sheet is filed. The Court allowed IA No.1 of 2023, thereby granting the requested relaxation. No issues were expressly left undecided.
Facts
This matter concerns an application (IA No.1 of 2023) filed before the High Court of Andhra Pradesh to relax a condition imposed while granting bail to the petitioner in Criminal Petition No.899 of 2019. The original bail was granted on 01.03.2019 and modified on 03.09.2019. The condition under challenge required the petitioner to appear before the concerned Court every Monday between 10:00 am and 5:00 pm until the charge sheet was filed. The Revenue, represented by the learned Special Standing Counsel for Commercial Tax, opposed the relaxation, noting that the condition had already been relaxed twice. The petitioner had been attending court as per the orders since 2019.
Key Issues
1. Whether the condition imposed for granting bail, requiring the petitioner to appear before the concerned Court every Monday until the charge sheet is filed, should be relaxed, considering the petitioner has been complying with this condition since 2019 and the condition has been relaxed twice previously. Arguments for the Petitioner: The petitioner argued for the relaxation of the bail condition, citing their consistent appearance before the court since 2019 and the fact that the condition had already been relaxed twice. The petitioner sought this relaxation based on the reasons stated in the accompanying affidavit. Arguments for the Revenue: The Revenue opposed the relaxation of the condition, primarily on the grounds that the condition had already been relaxed twice. They did not present any further arguments or rely on specific provisions or precedents.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
OFFICE NOTE 15)
2023 SRK, J
IA No.1 of 2023 This petition is filed to relax the condition imposed by this Court, while granting bail to the petitioner herein in Criminal Petition No.899 of 2019, dated 01.03.2019, and modified in IA No.2 of 2019, dated 03.09.2019 i.e., directing the petitioner to appear before the concerned Court on every Monday between 10.00 am and 5.00 pm until charge sheet is filed. Sri Suresh Kumar Routhu, learned Special Standing Counsel for Commercial Tax, strenuously opposed to relax the condition on the ground that twice the condition has been relaxed. The bail order was passed in the year 2019 and since 2019 the petitioner has been attending before the concerned Court as per the orders passed by this Court. In view of the same and for the reasons stated in the accompanying affidavit filed in support of the petition, the condition imposed by this Court, while granting bail to the petitioner herein in Criminal Petition No.899 of 2019
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