Amandeep Singh Bhui vs. Inspector Preventive,Central Googs And Services Tax
Held
The High Court held that the right to default bail under Section 167(2) Cr.P.C. is an indefeasible statutory right and cannot be subjected to stringent conditions like deposit of money or bank guarantee. Such conditions are only permissible in discretionary bail under other sections of the Cr.P.C.
Facts
The petitioner was granted default bail under Section 167(2) Cr.P.C. by the Chief Judicial Magistrate, but with stringent conditions including a large bail bond and a bank guarantee. The Additional Sessions Judge upheld these conditions. The petitioner challenged these conditions before the High Court.
Key Issues
Whether stringent conditions, including financial guarantees, can be imposed while granting default bail under Section 167(2) Cr.P.C. when the investigation is not completed within the stipulated period.
Sections Cited
Section 167(2) Cr.P.C., Section 132(1)(b), Section 132(1)(c), Section 132(1)(i), Section 132(1)(l)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-29607-2021 (O&M) Date of Decision: 28.10.2021
Amandeep Singh Bhui
... Petitioner Versus Inspector (Preventive) Central Goods and Service Tax.
...Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. Jagmohan Bansal, Senior Advocate, with
Mr. Aman Garg and Mr. Anurag Sharma, Advocates,
for the petitioner.
Mr. Sourabh Goel, Sr. Standing Counsel,
for the respondent.
HARNARESH SINGH GILL, J.
By way of the present petition, the petitioner seeks setting aside of the order dated 15.07.2021 passed by the learned Additional Sessions Judge, Ludhiana, whereby the prayer of the petitioner to set aside/modify stringent conditions imposed by the learned Chief Judicial Magistrate, Ludhiana, while granting default bail to the petitioner under Section 167(2) Cr.P.C., was declined.
The petitioner is an accused in a complaint under Section 132(1)(b)(c) and (I) punishable under Section 132(1)(i) of the CGST Act, 2017 read with corresponding Sections of Punjab SGST Act, 2017 and IGST Act, 2017. When the prosecuti
The judgment continues below.
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