Rushabh Ashokbhai Pambhar vs. State Of Gujarat

Held

The Court decided to exercise its discretion to enlarge the applicant on regular bail. The Court considered that the applicant has been in jail since July 28, 2022, the investigation is over, and a charge-sheet has been filed. It also noted that the maximum punishment for the offense is five years. Crucially, the applicant's counsel stated that the applicant is willing to deposit Rs. 2,50,00,000/- in four installments, with the first installment of Rs. 10,00,000/- and the remaining three of Rs. 50,00,000/- each, clarifying that this deposit would not constitute an admission of guilt. The Court found this to be a fit case for exercising discretion. The ratio decidendi is that when the investigation is complete, a charge-sheet is filed, the maximum punishment is limited, and the applicant is willing to deposit a substantial amount as security without admitting guilt, bail can be granted. The applicant was ordered to be released on bail upon executing a personal bond of Rs. 10,000/- with a surety of like amount, subject to several conditions, including depositing the Rs. 2,50,00,000/- in installments as agreed, not leaving India without permission, and marking his presence before the police station monthly. The Court expressly stated that it was not discussing the evidence in detail and that the trial court should not be influenced by these preliminary observations.

Facts

This matter concerns a criminal miscellaneous application filed by Rushabh Ashokbhai Pambhar under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail. The applicant was arrested in connection with an offense registered with the Gujarat State Tax Officer, Rajkot, under Sections 132(1)(c) and 132(5) of the CGST and GGST Act, 2017. The applicant claims no involvement in the alleged offense and seeks release on bail. The State opposed the bail application, arguing the offenses are serious and affect society at large. The applicant has been in jail since July 28, 2022, the investigation is complete, and a charge-sheet has been filed. The maximum punishment for the offense is five years. The applicant's counsel stated that the applicant is willing to deposit Rs. 2,50,00,000/- in installments, without admitting guilt.

Key Issues

1. Whether the applicant, Rushabh Ashokbhai Pambhar, is entitled to be released on regular bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with offenses under Sections 132(1)(c) and 132(5) of the CGST and GGST Act, 2017? Petitioner's Argument: The applicant is not involved in the commission of the alleged offense, and considering his role and the nature of the allegations, he should be enlarged on bail under suitable terms and conditions. Revenue's Argument: The offenses charged are serious in nature, affecting society at large. Considering the facts and allegations, no discretion should be exercised in favor of the applicant.