Mahmadraza Nasirhusain Keshwani S/O Nasirhusain Keshwani vs. Assistant Commissioner Of State Goods And Services Tax

Held

The Court held that the applicant was entitled to regular bail. The reasoning was based on several factors: the applicant had been in custody since March 12, 2019; the investigation was concluded, and a charge-sheet had been filed; and the maximum punishment for the alleged offence was five years. The Court also took into consideration the law laid down by the Hon'ble Apex Court in Sanjay Chandra Vs. Central Bureau of Investigation. Consequently, the Court allowed the application and ordered the applicant's release on regular bail upon furnishing a personal bond of Rs. 10,000/- with one surety of the like amount, subject to several conditions including not misusing liberty, not acting in a manner injurious to the prosecution, surrendering passport, not leaving Gujarat without permission, marking presence at the police station monthly, and not changing residence without prior permission. The Court also noted that the trial court should not be influenced by the prima facie observations made in this order.

Facts

The applicant, Mahmadraza Nasirhusain Keshwani, filed an application under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail. The application pertains to SGST File No.1/19, registered with the Additional Chief Judicial Court, Bhavnagar, for an alleged offence under Section 132 of the CGST and GGST Act, 2017. The applicant had been in jail since March 12, 2019. The investigation had concluded, and a charge-sheet had been filed. The maximum punishment prescribed for the alleged offence is five years.

Key Issues

1. Whether the applicant is entitled to regular bail under Section 439 of the CrPC, considering the nature and gravity of the alleged offence under Section 132 of the CGST and GGST Act, 2017? The petitioner argued that considering the nature of the offence, the applicant should be enlarged on regular bail with suitable conditions. The respondent-State, through the learned APP, opposed the grant of regular bail, citing the nature and gravity of the offence. Both parties stated they did not press for further reasoned arguments. The Court considered the duration of custody, the conclusion of investigation and filing of charge-sheet, and the maximum punishment prescribed.