Jatin vs. State Of Haryana
Held
The Court allowed the petition for regular bail. It noted that the investigation had concluded and the challan had been presented. Citing the Apex Court's decision in 'Satender Kumar Antil vs. Central Bureau of Investigation & Anr.', the Court emphasized the importance of liberty and the duty of criminal courts to safeguard constitutional values. While not commenting on the merits of the case, the Court found that given the completed investigation and the principles laid down by the Supreme Court regarding liberty and the use of custody as a punitive measure, the petitioner was entitled to bail. The petitioner was ordered to be released on furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate. The Court explicitly stated that its observations were not to be construed as an opinion on the merits of the case.
Facts
This is a petition filed under Section 439 Cr.P.C. seeking regular bail for the petitioner in FIR No. 506 dated 19.10.2022, registered for offences under Sections 420, 467, 468, 471 IPC and Section 132 of the SGST/CGST Act. The petitioner's counsel argued that investigation is complete, challan has been presented, and all evidence is documentary, thus there is no apprehension of tampering. The petitioner also has no criminal antecedents. The State counsel contended that the petitioner is accused of providing the complainant's PAN and Aadhar cards to other accused.
Key Issues
1. Whether the petitioner is entitled to regular bail in FIR No. 506 dated 19.10.2022, registered for offences under Sections 420, 467, 468, 471 IPC and Section 132 of the SGST/CGST Act, considering the stage of investigation and the petitioner's alleged role. Petitioner's Arguments: The investigation is complete, challan has been presented, and all evidence is documentary and in possession of the investigating agency. Therefore, there is no risk of tampering with evidence. The petitioner has no prior criminal antecedents, and custody should not be used punitively. Respondent's (State of Haryana) Arguments: The petitioner is accused of providing the complainant's PAN and Aadhar cards to other accused, which is an offense under the GST Act.
Sections Cited
Section 132, Section 439 Cr.P.C.
AI-generated summary — verify with the full judgment below
224 2023:PHHC:089201 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28650-2023 Date of decision : 17.07.2023 Jatin ....Petitioner
Versus
State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present : Mr. Parveen Chauhan, Advocate for the petitioner. Mr. A.K. Sehrawat, Dy. Advocate General, Haryana. PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.506 dated 19.10.2022 registered for the offences punishable under Sections 420, 467, 468, 471 read with 120 IPC and Section 132 of SGST CGST Act, Police Station Civil Line, Sonipat, District Sonipat.
Counsel for the petitioner submits that the investigation is complete and Challan already stands presented. All the evidence is in the form of documents which is in possession of the Investigating Agency. Thus there can't be any apprehension that the petitioner shall tamper with the same and the custody cannot be used as a punitive measure. Further contends that the petitioner has no criminal antecedents.
Ld. State Counsel on the other hand submits that the petitione
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.
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 Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.