Arjun Sekhar vs. State Of Maharashtra And Anr.

IA/35/2024HC BombayGSTCNR HCBM01000671202431 January 2024Bench: HON'BLE SHRI JUSTICE MADHAV J. JAMDAR3 pages
AI SummaryPartly Allowed

Facts

The Applicant, Arjun Sekhar, is seeking modification of certain bail conditions imposed by an order dated December 11, 2023, passed by a learned Single Judge in Bail Application No. 3120 of 2023. The original bail order was in connection with RCC No. 513/2023, arising out of a Remand Application in File No. F.NOV/P1/RGD/GR-1/PASSION PLAY/30-258/2022-23, registered with the Superintendent of CGST & C.Ex., Raigad Commissionerate. The Applicant sought an extension of time to furnish local sureties and modification of the condition requiring weekly attendance at the CGST office. The Superintendent (Anti Evasion) CGST & C.EX., Raigad, was the respondent authority.

Held

The Court addressed the Applicant's request for modification of the bail conditions. Regarding the furnishing of local sureties (Clauses (b) and (c) of the original order), the Court granted the Applicant four weeks' time as a last chance to furnish them. Concerning the weekly attendance at the CGST office (Clause (d)), the Court modified this condition based on the agreement of Respondent No. 2. The Applicant is now directed to attend the office of Respondent No. 2 as and when required by Respondent No. 2. The Court also noted that the Applicant had not complied with the condition of surrendering his passport (Clause (i)). The Applicant, through his counsel, undertook to comply with this condition within one week from the date of the order. The Interim Application was disposed of in terms of these modifications and undertakings.

Key Issues

1. Whether the Applicant should be granted an extension of time to furnish local sureties in connection with the bail order dated December 11, 2023, in Bail Application No. 3120 of 2023, and if so, for what period? The Applicant argued for an additional six weeks to furnish local sureties. The Revenue (Respondent No. 2) did not object to a modification of the attendance condition. 2. Whether the condition of weekly attendance at the CGST office, Raigad, should be modified? The Applicant sought modification of this condition. The Revenue (Respondent No. 2) agreed to a modification where the Applicant would attend as and when required. 3. Whether the Applicant has complied with the condition of surrendering his passport? The Revenue (Respondent No. 2) pointed out non-compliance with this condition. The Applicant undertook to comply within one week.

Sections Cited

CGST Act

AI-generated summary — verify with the full judgment below

949.

IA 35-2024.doc Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURI ICTION INTERIM APPLICATION NO. 35 OF 2024 IN BAIL APPLICATION NO. 3120 OF 2023 Arjun Sekhar .Applicant Versus The State of Maharashtra & anr. .Respondents Mr. Veerdhaval Deshmukh a/w. Mr. Akshay Mishra i/b. Hulyalkar & Associates, Advocate, for the Applicant Ms. Veera Shinde, APP, for Respondent No. 1 – State Mr. Satyaprakash Sharma i/b. Mr. Subir Kumar, Advocate, for Respondent No. 2 CORAM: MADHAV J. JAMDAR, J. DATE: 31.01.2024 P. C.

1.

Heard Mr. Deshmukh, learned counsel appearing for the Applicant, Ms. Shinde, learned APP appearing for Respondent No. 1 and Mr. Sharma, learned counsel appearing for Respondent No. 2 – The Superintendent (Anti Evasion) CGST & C.EX., Raigad.

2.

The Applicant is already granted bail by a learned Single Judge (Coram : M. S. Karnik, J.) by order dated 11.12.2023 passed in B. A. No. 3120 of 2023. 1

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