Rajesh Arora S/O Shri Deewan Chand vs. Union Of INDIA
Held
The Court, taking into consideration the order dated April 17, 2020, passed by the Hon'ble Supreme Court in the case of co-accused Sandeep Goyal, ordered that if the investigation is not completed within three months from April 17, 2020, the petitioner shall be released on bail by the trial court, subject to its satisfaction. The Court further clarified that if the investigation is completed within the stipulated three months, it would be open for the petitioner to move the trial court for bail. Any such application filed by the petitioner is to be disposed of by the trial court on its merits in accordance with law. The petition was disposed of accordingly.
Facts
The petitioner, Rajesh Arora, filed a criminal miscellaneous bail petition under Section 439 CrPC seeking regular bail. The FIR was registered at the Directorate General of Goods and Services Tax Intelligence (DGGI), Jaipur Zonal Unit, for offences under various sections of the Central Goods and Services Tax Act, 2017. The petitioner has been in custody since August 3, 2018. The respondent opposed the bail petition, citing the dismissal of a bail petition by a similarly situated co-accused, Sandeep Goyal, by the High Court and the Supreme Court. The Supreme Court had previously directed the completion of investigation within three months, failing which the co-accused was to be released on bail.
Key Issues
1. Whether the petitioner is entitled to regular bail in FIR No. 15/2018 registered under Sections 132(1)(B), (C), (D), (F), (I), (L) of the Central Goods and Services Tax Act, 2017, considering his period of custody and the maximum sentence prescribed. Petitioner's Contention: The petitioner argued that he has been in custody since August 3, 2018, and the maximum sentence for the alleged offences is five years. Respondent's Contention: The respondent opposed the bail petition, highlighting that a similarly situated co-accused, Sandeep Goyal, had his bail petition dismissed by the High Court. Furthermore, the Supreme Court, in the case of Sandeep Goyal, had directed the completion of the investigation within three months, failing which the petitioner therein was to be released on bail. The Supreme Court's order noted allegations of creating approximately 555 fake firms and a fraud of Rs. 74 crore against the co-accused.
Sections Cited
Section 132(1)(B), Section 132(1)(C), Section 132(1)(D), Section 132(1)(F), Section 132(1)(I), Section 132(1)(L), Section 439
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Order 26/05/2020 Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 15/2018 registered at Directorate General of Goods and Services Tax Intelligence Zonal Unit, Jaipur for offences under Sections 132(1)(B), (C), (D), (F), (I), (L) of the Central Goods and Services Tax Act, 2017. Learned counsel for the petitioner has submitted that petitioner is in custody since 03.08.2018. Maximum period of sentence that can be awarded in the present case is five years.
Learned counsel for the responde
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Reproduced from the public record of the Rajasthan High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.