Ashish Kumar vs. State Of Haryana
Held
The High Court granted regular bail to the petitioners, considering the prolonged period of their custody and the fact that the trial was likely to take considerable time. The court noted that only a few prosecution witnesses had been examined.
Facts
The petitioners were arrested in connection with an FIR registered for offenses including cheating and forgery, related to the creation of a bogus firm to claim input tax credit. The prosecution alleged that the petitioners were involved in floating a non-existent firm, M/s Mansi Alloys, to defraud the government exchequer.
Key Issues
The key issue was whether the petitioners, accused of involvement in a GST fraud through a bogus firm, were entitled to regular bail pending trial, given their period of custody and the stage of the proceedings.
Sections Cited
Section 132(1)(i), Section 132(1)(iv) CGST Act, 2017
AI-generated summary — verify with the full judgment below
CRM-M-36421-2021 (O&M) and connected matter 1 216 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:10.05.2022
CRM-M-36421-2021 (O&M) CRM-M-44819-2021 (O&M) CORAM: HON'BLE MR. JUSTICE MANOJ BAJAJ Present: Ms. Aashna Gill, Advocate for the petitioner in CRM-M-36421-2021. Mr. S.S. Swaich, Advocate for the petitioner in CRM-M-44819-2021. Mr. Sukhdeep Parmar, DAG, Haryana. ... Manoj Bajaj, J. (Oral) Petitioners have prayed for grant of regular bail under Section 439 Cr.P.C, pending trial in case FIR No.91 dated 04.04.2019 registered under Sections 420, 467, 468 and 471 IPC, (Sections 132(1)(i) and 132(1)(iv) CGST Act, 2017, Sections 66, 66D and 71 IT Act, 2000, and 419 and 120-B IPC added later on) at Police Station Cheeka, District Kaithal. The FIR was registered on the statement of Shiv Kumar and the allegations as noticed by the ld. Addl. Sessions Judge, Kaithal in the order dated 12.08.2021are as under: “.... lodged on the complaint of Shiv Kumar, Proper Officer-cum-ETO-cum-State GST Officer, Ward No.5
The judgment continues below.
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