Saurabh Chhajer S/O Shri Mahaveer Chand Chhajer vs. State Of Rajasthan

Held

The Court considered the contentions of both sides. It acknowledged the petitioner's submission that his wife is due to deliver within the week and that the request for interim bail is based on humanitarian grounds. The Court found it appropriate to allow the interim bail application for a period of fifteen days. The petitioner is required to surrender his passport to the concerned Jail Superintendent as a condition. The Court directed that the petitioner be released on interim bail for fifteen days from the date of release and must surrender on October 9, 2019, before the concerned Jail Superintendent. He is to furnish a personal bond of Rs. 10,00,000/- with two sureties of Rs. 5,00,000/- each, to the satisfaction of the learned trial court. The issue of regular bail was not decided in this interim application.

Facts

The petitioner, Saurabh Chhajer, is seeking interim bail under Section 439 of the Cr.P.C. He is currently lodged in Central Jail, Jaipur, in connection with Complaint No. 34/2019. This complaint pertains to alleged offences under Sections 132(1)(b), (c), (f), (g), (k), and (i) of the Central Goods and Service Tax Act, 2017, read with Section 69 of the CGST Act. The petitioner's wife is pregnant, with delivery expected in the last week of September 2019. The petitioner's wife's parents do not reside in Jaipur, and there is no one else to look after her. The petitioner's counsel has cited a precedent where interim bail was granted on humanitarian grounds for a similar situation.

Key Issues

1. Whether the petitioner is entitled to interim bail on humanitarian grounds due to his wife's impending delivery, as per Section 439 of the Cr.P.C.? Petitioner's Arguments: The petitioner's counsel argued that interim bail should be granted on humanitarian grounds because the petitioner's wife is due to deliver shortly, and his presence is crucial. It was also highlighted that the wife's parents are not in Jaipur, leaving her without support. Reliance was placed on the case of Nandkumar Pandurang Ghadge vs. State of Maharashtra (2007) to support the contention for interim bail on humanitarian grounds. Revenue/State's Arguments: The learned Public Prosecutor and counsel for the complainant opposed the interim bail application. They contended that the petitioner is involved in claiming fake input tax credit amounting to Rs. 33 crore. It was also stated that the petitioner's regular bail applications had been rejected twice by the lower court.