Mahendra Mangal S/O Shri Ramesh Chand vs. Union Of INDIA

CRLMB/3977/2023HC RajasthanGSTCNR RJHC02026846202313 April 2023Bench: NARENDRA SINGH DHADDHA2 pages

AI SummaryRemanded

Facts

The petitioners, Mahendra Mangal and Raj Kumar Sharma, are seeking bail in relation to proceedings under the GST regime. This is their third and second bail application, respectively, before the High Court. Previous bail applications filed by the petitioners were dismissed on merits by the High Court on September 7, 2021, and February 11, 2022. Crucially, those earlier orders did not grant the petitioners liberty to file fresh bail applications directly before the High Court. The present applications were filed directly before the High Court, bypassing the trial court.

Held

The Court held that the petitioners should have first approached the trial court for bail, as they had not been granted liberty to file fresh bail applications directly before the High Court. The previous bail applications were dismissed on merits, and the current applications were filed directly before the High Court without seeking permission or liberty to do so. The Court noted that the proper procedure would have been to approach the trial court. Therefore, the bail applications were disposed of on this procedural ground.

Key Issues

1. Whether the petitioners are entitled to file fresh bail applications directly before the High Court when previous applications were dismissed on merits and no liberty was granted to do so? Petitioner's Argument: The petitioners have directly approached the High Court for bail. Revenue's Argument: The petitioners should have first approached the trial court for bail, as they have not been granted liberty to file fresh applications directly before the High Court. The previous bail applications were dismissed on merits, and the current applications are an attempt to circumvent the established procedure.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

[2023/RJJP/006509] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 3977/2023 Mahendra Mangal S/o Shri Ramesh Chand, R/o B-199, Jamunapuri Murlipura, Jaipur (Rajasthan) ( At Present Confined To Central Jail Jaipur) ----Petitioner Versus 1. Union Of India, Through The Superintendent Cgst, Jaipur Through Public Prosecutor. 2. State Of Rajasthan, Through P.p. ----Respondents Connected With S.B. Criminal Miscellaneous 2nd Bail Application No. 3978/2023 Raj Kumar Sharma S/o Late Shri Kishan Chand Sharma, R/o Bichhu Ki Gali Bajaja Bajar, Alwar ( At Present Confined To Central Jail Jaipur) ----Petitioner Versus 1. Union Of India, Through The Superintendent Cgst, Jaipur Through Public Prosecutor. 2. State Of Rajasthan, Through P.p. ----Respondents For Petitioner(s) : Mr. Ashish Agrawal, Adv. For Respondent(s) : Mr. Kinshuk Jain, Sr. Standing counsel, Mr. Yashwant Kankhadia, PP. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order 13/04/2023 The 1st bail applications filed by the petitioners were decided on merits by this Court vide order dated 07.09.2021 in S.B. Criminal Miscellaneous Bail Application Nos.13041/2021 and

[2023/RJJP/006509] (2 of 2) [CRLMB-3977/2023] 11339/2021. Thereafter, the petitioner-Mahendra Mangal filed 2nd bail application before this Court, which was also dismissed on merits by this Court vide order dated 11.02.2022. By the said order(s), no liberty was granted to the petitioners to file a fresh bail application directly before this Court. Instead of filing a fresh bail application before the trial court, the petitioners have filed these bail applications before this court directly, whereas they should have first approached the trial court. The 3rd and 2nd bail applications filed by the petitioners Mahendra Mangal and Raj Kumar Sharma respectively are disposed of accordingly. Registry is directed to place a copy of this order in connected file. (NARENDRA SINGH DHADDHA),J Seema/7-8

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