Rupesh Gupta vs. Office Of The Commissioner Of CGST And Central Excise And Anr

Held

The Court made the interim order of bail dated December 3, 2018, absolute. This decision was based on the submission made by the Special Public Prosecutor for CGST, who, on instructions, stated that the interim order could be made absolute by directing the applicant to attend the office of the Central Commissionerate, Mumbai, until the filing of a complaint. The Court reasoned that given the applicant had been on interim bail for almost five years and the respondent's statement, it was appropriate to finalize the bail. The operative direction was that the applicant shall attend the office of the Central Commissionerate, Mumbai, every Friday between 10:00 a.m. and 1:00 p.m. for a period of four months or until the lodging of the complaint, whichever is earlier. The application was accordingly disposed of.

Facts

The applicant, Rupesh Gupta, sought anticipatory bail in Criminal Appellate Jurisdiction before the Bombay High Court. The respondent was the Office of the Commissioner of CGST & Central Excise and Anr. The applicant was granted interim bail on December 3, 2018. The matter was listed for hearing after approximately five years. The Special Public Prosecutor for CGST, on instructions, made a submission regarding the continuation of the interim order.

Key Issues

1. Whether the interim order of anticipatory bail granted to the applicant should be made absolute, considering the passage of time and the submissions made by the respondent revenue authority? (Mixed question of law and fact, concerning the discretion of the court in granting bail and the conduct of the parties). The applicant, through his counsel, sought to have the interim bail made absolute. The respondent revenue authority, represented by the Special Public Prosecutor, indicated their willingness to have the interim order made absolute, subject to certain conditions.