Ramchandra Vishnoi S/O Ramdhan Vishnoi vs. Union Of INDIA Anti-Evasion Central Goods And Services Tax Commisionerate Jaipur
Facts
The petitioners, Ramchandra Vishnoi and Himmat Singh Bhati, are seeking a second bail application before the Rajasthan High Court, Bench at Jaipur. Their first bail applications were previously dismissed on merits. The petitioners are currently confined to Central Jail Jaipur. The respondent is the Union of India, represented by the Anti-Evasion Central Goods and Services Tax Commissionerate, Jaipur. The specific tax period(s) and the exact amount in dispute are not recorded in the provided judgment. The procedural history indicates that the first bail applications were dismissed on their merits, leading to the filing of these second bail applications.
Held
The Court dismissed the second bail applications filed by the petitioners, Ramchandra Vishnoi and Himmat Singh Bhati. The reasoning provided is that the first bail applications filed by the petitioners were dismissed on merits. The Court found no grounds made out for the second bail applications. Therefore, the operative direction is the dismissal of the applications. No specific GST provisions were discussed in relation to the bail application, and the decision rests solely on the criminal procedure for bail applications.
Key Issues
1. Whether the petitioners are entitled to a second bail application when their first bail applications were dismissed on merits, under Section 439 of the Code of Criminal Procedure, 1973. Petitioner's argument: The petitioners likely argued that circumstances had changed since the dismissal of their first bail applications, or that there were grounds for reconsideration. However, the judgment does not explicitly record the arguments made by the petitioners for the second bail application. Respondent's argument: The respondent, Union of India, likely argued that since the first bail applications were dismissed on merits, and no new grounds were presented, the second bail applications should also be dismissed. The judgment does not explicitly record the arguments made by the respondent.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 2086/2022 Ramchandra Vishnoi S/o Ramdhan Vishnoi, Aged About 25 Years, R/o Ward No. 17 Maaliyon Ka Baas Tehsil Ladnoo Distt.
Nagaur Raj. (Currently Confined To Central Jail Jaipur ) ----Petitioner Versus Union Of India Anti-Evasion Central Goods And Services Tax Commisionerate Jaipur, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous 2nd Bail Application No. 8069/2022 Himmat Singh Bhati S/o Suresh Singh Bhati, Aged About 26 Years, R/o Dayanadn Colony, Teh. Ladnoo, District Nagaur ( Currently Confined To Central Jail Jaipur) ----Petitioner Versus Union Of India, Anti Evasion, Central Goods And Services Tax Commissionerate, Jaipur Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Bhuwnesh Sharma, Mr. Daksh Pareek, Mr. Arjun Singh For Respondent(s) : Mr. Kinshuk Jain, Senior Standing Counsel HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 27/06/2022 1st bail applications filed by the petitioners were dismissed on merits.
No ground for 2nd bail applications are made out.
Dismissed. (NARENDRA SINGH DHADDHA),J Seema/8-9
The judgment continues below.
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