Pawan Kumar Sharma vs. Union Of INDIA

Held

The Court allowed the bail application, taking into account the peculiar facts and circumstances of the case, as well as the prevailing situation due to the COVID-19 pandemic, particularly concerning jail conditions. The Court found it just and proper to release the petitioner on bail. The petitioner, Pawan Kumar Sharma, was ordered to be released on bail upon furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each (one of whom must be local) to the satisfaction of the learned trial court. He is also required to appear before the trial court on all dates of hearing and as and when called upon to do so. The Court did not expressly leave any issue undecided.

Facts

The petitioner, Pawan Kumar Sharma, aged 61, is seeking bail in a criminal miscellaneous application filed under Section 439 of the Cr.P.C. He is in custody in connection with Complaint No. V(15)114/AE/UDR/GR.2(1)/PT-01/2020, pending before the Additional Chief Metropolitan Magistrate (Economic Offence) Jodhpur Metro. The complaint pertains to alleged offences under Sections 132(1)(b)(c) of the CGST Act, 2017. The charge-sheet has been filed, and the petitioner has been in custody since March 3, 2021. The maximum punishment for the alleged offences is five years, and the petitioner's counsel argued that the trial is likely to take a considerable time to conclude.

Key Issues

1. Whether the petitioner is entitled to be released on bail under Section 439 of the Cr.P.C. in connection with offences under Sections 132(1)(b)(c) of the CGST Act, 2017, considering the charge-sheet has been filed, the period of incarceration, and the maximum punishment? Petitioner's Contention: The petitioner argued that the charge-sheet has been filed, and he has been in custody since March 3, 2021. He highlighted that the maximum punishment for the alleged offences is five years and that the conclusion of the trial will take a significant amount of time. Therefore, he prayed for enlargement on bail. Revenue's Contention: The learned Public Prosecutor opposed the bail application.