Gopi Chand Chaudhary vs. State Of Haryana
Held
The Court granted bail to the petitioner, noting that the investigation is complete and no evidence of collusion between the petitioner and the main accused has been found. The petitioner's age and clean record were also considered.
Facts
The petitioner, a senior citizen with no prior criminal record, is seeking bail in an FIR alleging fraudulent refund claims based on forged documents. The petitioner's role was allegedly in issuing the refund, possibly due to an error in judgment, and not in collusion with the assessee.
Key Issues
Whether the petitioner, accused of facilitating a fraudulent refund, is entitled to regular bail given the lack of evidence of collusion and his age and clean record.
Sections Cited
Section 132
AI-generated summary — verify with the full judgment below
CRM-M-60624-2023 1 2023:PHHC:162624 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 18th of December, 2023 232-4 CRM-M-60624-2023 GOPI CHAND CHAUDHARY ....Petitioner
Versus STATE OF HARYANA ....Respondent CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present : Mr. Japsehaj Singh, Advocate for Mr. Aman Pal, Advocate for the petitioner Mr. A.K. Sehrawat, DAG, Haryana. PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.348 dated 24.10.2020, registered for offences punishable under Sections 406, 419, 420, 465, 468, 471 IPC and (Sections 409, 467, 120-B IPC added later on) and Section 132 of Central Goods and Services Tax Act, 2017, at Police Station Civil Line Sirsa, District Sirsa.
As per the contents of the FIR it has been alleged as under : “OFFICE OF DY EXCISE TAXATION COMMISSIONER (ST) SIRSA VANIJYA BHAWAN BARNALA ROAD SIRSA. From Excise Taxation Officer Ward No. 6 Sirsa To The Superintendent of Police Sirsa No. 3621 dated 11-12-19 Subject Regarding registration of FIR against Smt. Shabina Devi W/o Sh. Satiah Kumar R/o New Housing Boa
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