Kamal Pasari vs. Union Of INDIA

This is the second journey of the Petitioner, who is 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 running for alleged commission of offence under section 132(1)(b)(c)(f)(i) of the CGST Act, in filing this application under section-439 Cr.P.C. for his release on bail.

Heard learned counsel for the Petitioner and the learned counsel for the Senior Standing Counsel (CGST). Considering the submissions made and on going through the materials as placed, further keeping in view the surrounding circumstances including the long period of detention of the Petitioner in Custody, the factum of completion of investigation as also the punishment prescribed for the offence and when the Petitioner aged about 71 years has his permanent residence at Rourkela and the case mainly rests on documentary evidence, this Court being of the view that further detention of the Petitioner would serve no useful purpose, is inclined to reconsider the prayer for grant of bail to the Petitioner. Accordingly, it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that:- BLAPL NO.4687 OF 2020

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i) he will not leave the juri iction of the District of Sundargarh without prior permission of the Court below; ii) will not attempt to influence any witness in any manner whatsoever and tamper with the evidence while on bail; iii) will appear in person before the Court in seisin of the case on each and every date of posting of the case till

conclusion of the trial except under some exceptional circumstance to the satisfaction of the Court. Violation of any of the condition(s) shall entail cancellation of bail.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

…………………….. D. Dash, J.

Basu