Saurabh Chhajer S/O Shri Mahaveer Chand Chhajer vs. Union Of INDIA

CRLMB/4410/2020HC RajasthanGSTCNR RJHC02026302202001 June 2020Bench: PANKAJ BHANDARI2 pages

AI SummaryDismissed

Held

The Court considered the contentions of both parties. It found merit in the arguments presented by the Union of India, specifically that there was no documentary evidence or reports to support the petitioner's claim regarding his father's medical condition necessitating treatment. Consequently, the Court was not inclined to grant the third interim bail application. The reasoning is based on the lack of substantiation for the grounds presented by the petitioner for seeking interim bail. The principle that can be cited is that interim bail on humanitarian grounds requires credible evidence to support the claimed exigency. The Court dismissed the application.

Facts

The petitioner, Saurabh Chhajer, filed a third interim bail application under Section 439 of the Cr.P.C. The application pertains to Criminal Complaint No. 34/2019, pending before the Chief Metropolitan Magistrate (Economic Offences), Jaipur Metropolitan. The complaint involves alleged offences under various sub-sections of Section 132 of the Central Goods and Service Tax Act, 2017, read with Section 69 of the CGST Act. The petitioner's counsel argued that his father is suffering from several ailments and requires hospitalization. The respondent, Union of India, through the Intelligence Officer of the Directorate General of Goods and Service Tax Intelligence, opposed the bail application, stating that no reports indicated the petitioner's father needed treatment.

Key Issues

1. Whether the petitioner is entitled to interim bail on medical grounds of his father, considering the allegations under the Central Goods and Service Tax Act, 2017? Petitioner's Contention: The petitioner argued that his father is suffering from several ailments and requires hospital treatment, thus warranting interim bail. Respondent's Contention: The Union of India opposed the application, asserting that no reports were presented to substantiate the claim that the petitioner's father required medical treatment.

Sections Cited

Section 132, Section 69

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous third (interim) Bail Application No. 4410/2020 Saurabh Chhajer S/o Shri Mahaveer Chand Chhajer, Aged About 34 Years, R/o 06, Aadinath Colony, Ram Nagar Ajmer At Present R/o Flat No. E-702, S.d.c. Green Park Apartment Janta Colony, Adarsh Nagar, Jaipur Raj. (Presently Lodged At Central Jail Jaipur) ----Petitioner Versus Union Of India, Intelligence Officer Directorate General Of Goods And Service Tax Intelligence Jaipur Zonal Unit Jaipur Through Special P.p. ----Respondent For Petitioner(s) : Mr. Sudhir Jain. For Respondent(s) : Mr. Siddharth Ranka. HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order 01/06/2020

Defect/s pointed out by the Registry is waived.

Heard counsel for the petitioner and counsel for the Union of India through video conferencing.

Petitioner has filed third (interim) bail application under Section 439 of Cr.P.C.

Criminal Complaint No.34/2019 is pending before the Court of Chief Metropolitan Magistrate (Economic Offences), Jaipur Metropolitan for offence under Sections 132(1), (b), (c), (f), (g), (k), (i) of Central Goods and Service Tax Act, 2017 read with 69 of CGST Act pu

The judgment continues below.

Read the full judgment

A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.

Create a free account Sign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

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.