Saurabh Chhajer S/O Shri Mahaveer Chand Chhajer vs. State Of Rajasthan
Held
The Court allowed the fourth bail application. The reasoning was based on several factors: the maximum sentence involved being five years, the petitioner having already spent 19 months in custody, the case still being at the pre-charge evidence stage, and the fact that a co-accused had been granted bail by the same Court. The Court deemed it proper to grant bail, subject to certain conditions. The operative directions included the petitioner surrendering his passport to the Court and not leaving India without prior permission. He was to be released on furnishing a personal bond of Rs. 10,00,000/- with two sureties of Rs. 5,00,000/- each, and to appear before the trial court on all subsequent dates and as and when called upon.
Facts
The petitioner, Saurabh Chhajer, filed a fourth bail application before the Rajasthan High Court. He is accused of offences under Sections 132(1)(b)(c)(f)(g)(k) and (l) of the Central Goods and Service Tax Act, 2017, read with Section 69 of the CGST Act, punishable under Section 132(1)(i) and (iv) of the Act. The Directorate General of GST Intelligence, Jaipur Zonal Unit, investigated the matter under File No. DGGI/JZU/INV/GRP-K/GST/48/Part IV/2018-19. The petitioner has been in custody for 19 months, and the case is at the pre-charge evidence stage, with only two out of fourteen witnesses' statements recorded. A co-accused has already been granted bail.
Key Issues
1. Whether the petitioner is entitled to bail under Section 439 of the Cr.P.C. given the period of custody and the stage of the proceedings? Petitioner's Arguments: Counsel for the petitioner argued that the maximum punishment prescribed under the Act is five years, and the petitioner has already undergone 19 months of incarceration. The proceedings are still in the pre-charge evidence stage, with only two out of fourteen witnesses examined. Furthermore, a co-accused with a similar case, differing only in the quantum of the amount involved, has been enlarged on bail by this Court. Revenue's Arguments: Counsel for the Union of India opposed the bail application. It was contended that the allegation against the petitioner involves passing of input tax credit to the tune of Rs. 33 crores. However, counsel admitted that Rs. 13 crores were recovered from the beneficiaries.
Sections Cited
Section 132(1)(b), Section 132(1)(c), Section 132(1)(f), Section 132(1)(g), Section 132(1)(k), Section 132(1)(l), Section 69, Section 132(1)(i), Section 132(1)(iv), Section 132(5), Section 439
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Cause title — parties, addresses and appearances
Order 15/09/2020
Heard counsel for the petitioner and counsel for Union of India through video conferencing.
Petitioner has filed this fourth bail application under Section 439 of Cr.P.C.
File No.DGGI/JZU/INV/GRP-K/GST/ 48/Part IV/2018-19, Directorate General of GST Intelligence, Jaipur Zonal Unit, Jaipur, for offences under Sections 132(1)(b)(c)(f)(g)(k) and (I) of Central Goods and Service Tax Act, 2017 read with Section 69 of CGST Act punishable under Section 132(1)(i)
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