Santhi Madan Mohan Reddy vs. The State Of Andhra Pradesh
Held
The High Court disposed of the criminal petition with a direction to the petitioner to approach the trial court and file a bail application seeking default bail. The Court granted liberty to the prosecution to oppose the said application before the lower court on grounds that it is not maintainable. The trial court is mandated to consider the application and dispose of it according to law. The Court did not decide on the merits of the default bail claim itself but facilitated the petitioner's recourse to the appropriate forum. The specific grounds for opposing the default bail application were not elaborated upon by the Court but were left to be argued before the trial court.
Facts
The petitioner, arrayed as A-1, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking enlargement on bail. The petitioner was registered for offences under Sections 132(1)(b) and 132(1)(c) of the Central Goods and Services Tax Act, 2017, in F.No.IV/06/INV/242/2021-AE. The petitioner had been in jail for over sixty days, and the investigation was reportedly not completed. The petitioner's counsel requested the disposal of the bail application with liberty to approach the trial court for default bail.
Key Issues
1. Whether the petitioner is entitled to default bail under Section 167(2) of the CrPC, given that the investigation has not been completed after more than sixty days of custody, and the petitioner is accused of offences under the CGST Act, 2017? Petitioner's contention: The petitioner argued that since the investigation was not completed within the statutory period of sixty days, they are entitled to default bail. The petitioner sought liberty to approach the trial court for this relief. Revenue's contention: The learned Standing Counsel for CBIC (Revenue) was present. The judgment does not explicitly record the Revenue's arguments, but it notes that the prosecution is at liberty to oppose the default bail application before the lower court on grounds that it is not maintainable, implying potential arguments against the grant of default bail.
Sections Cited
Section 439, Section 167(2), Section 132(1)(b), Section 132(1)(c)
AI-generated summary — verify with the full judgment below
THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.707 of 2022
ORDER:-
This criminal petition under Section 439 of the Code of Criminal Procedure, 1973 is filed to enlarge the petitioner on bail.
Heard learned counsel for the petitioner and learned Standing Counsel for CBIC.
The petitioner is A-1 in F.No.IV/06/INV/242/2021-AE registered for the offences punishable under Sections 132(1)(b) and 132(1)(c) of the Central Goods and Services Tax Act, 2017. 4. Learned counsel for the petitioner requests to dispose of the application granting liberty to him to approach the trial Court to claim default bail as the investigation is not completed even after the petitioner has been in jail for more than sixty days period.
Therefore, in view of the aforesaid request, this Criminal Petition is disposed of with a direction to the petitioner to approach the Court below and file bail application seeking bail. The prosecution is at liberty to oppose the said application before the lower Court on the grounds which are now urged before this Court that the said default bail application is not maintainable. The trial Court has to consider th
The judgment continues below.
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Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.