Jagat Singh @ Jaggi vs. Union Of INDIA
Held
The Court granted bail to the applicant, Jagat Singh @ Jaggi. The decision was based on a holistic consideration of the submissions made by both sides, the nature of the accusation, the severity of the punishment in case of conviction, the nature of supporting evidence, the prima facie satisfaction of the Court regarding the charge, the reformative theory of punishment, and the larger mandate of Article 21 of the Constitution of India. The Court also referred to the dictum of the Apex Court in Dataram Singh v. State of U.P. and another. The Court explicitly stated that its observations were confined to the disposal of the bail application and should not be construed as having any reflection on the ultimate merits of the case. The applicant was directed to furnish a personal bond and two sureties to the satisfaction of the court concerned, with specific conditions including not to induce, threaten, or promise any person acquainted with the facts, to remain present in court, not dispute identity, and surrender his passport if any. The Court also reserved liberty for the CBI to make an appropriate application for modification/recalling the order if any condition was violated.
Facts
The petitioner, Jagat Singh @ Jaggi, seeks bail in Case No. 01 of 2021, registered under Sections 132 (1) (b) and 132 (i) of the CGST Act, 2017. The Directorate General of Goods and Services Tax Intelligence (DGGI), Meerut, is the investigating authority. The petitioner was arrested on January 1, 2021, following interrogation, with allegations of illegally depositing GST for approximately 31 companies. A charge sheet was filed on March 1, 2021, indicating the completion of the investigation. The petitioner was previously granted interim bail by the Chief Judicial Magistrate, Meerut, on May 28, 2021, subject to furnishing personal bonds of Rs. 10 lacs, as per Supreme Court guidelines during the Covid-19 pandemic. The petitioner claims to have no criminal history and has been in jail since January 1, 2021.
Key Issues
1. Whether the applicant is entitled to be released on bail under Section 132(1)(iv) of the CGST Act, 2017, considering the alleged offence and the punishment prescribed. Arguments for the Petitioner: The applicant contends he is innocent and falsely implicated. He highlights that the charge sheet has been filed and the investigation is complete. He relies on Section 132(1)(iv) of the CGST Act, which prescribes a lesser punishment for certain offences. He also points to his interim bail granted by the Chief Judicial Magistrate and his continuous incarceration since January 1, 2021, with no criminal history. He assures cooperation with the trial and non-misuse of bail liberty. Arguments for the Revenue: The Union of India, represented by its counsel, opposed the prayer for bail but could not dispute the facts presented by the applicant.
Sections Cited
Section 132(1)(b), Section 132(1)(i), Section 132(1)(iv)
AI-generated summary — verify with the full judgment below
Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18365 of 2021 Applicant :- Jagat Singh @ Jaggi Opposite Party :- Union of India Counsel for Applicant :- Sarwar Ali Siddique,Anshul Tiwari,Nikhil Kumar,Subhojeet Pathak,Sunil Kumar Counsel for Opposite Party :- Dileep Chandra Mathur Hon'ble Rajiv Joshi,J.
Heard Sri Nikhil Kumar, learned counsel for the applicant, learned A.G.A. for the State and Sri Dileep Chandra Mathura, learned Counsel for the opposite party and perused the record.
The instant bail application has been filed on behalf of the applicant seeking bail in Case No.01 of 2021, under Section 132 (1) (b), 132 (i) CGST Act, Department of D.G.G.I., Meerut, District Meerut during the pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. The applicant was arrested following an interrogation by the G.S.T. officials and implicated him by filing a criminal complaint with the allegation that the applicant deposited GST of about 31 Companies illegally. It is further contended by learned Counsel for the applicant that the charge sheet in the matter has been filed o
The judgment continues below.
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