Gopi Chand Chaudhary vs. State Of Haryana
Held
The Court granted bail to the petitioner, considering his age, medical conditions, and the fact that the challan had already been presented. The Court emphasized that bail is to secure the presence of the accused at trial and not as punishment.
Facts
The petitioner, a retired Joint Commissioner of Excise and Taxation, sought regular bail in an FIR registered for claiming bogus refunds on input tax credit using false documents. The allegations involve fraudulent claims totaling over Rs. 24 lakhs during the assessment period 2011-12.
Key Issues
The primary issue was whether the petitioner, a senior citizen with health issues and in custody for a significant period, should be granted bail given that the challan had been filed.
Sections Cited
Section 439 Cr.P.C
AI-generated summary — verify with the full judgment below
CRM-M-58436-2023 -1. 2023:PHHC:165784
218-3 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-58436-2023 Date of Decision:22.12.2023 Gopi Chand Chaudhary
…Petitioner Vs. State of Haryana
…Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present: Mr. Aman Pal, Advocate for the petitioner. Ms. Sheenu Sura, Deputy Advocate General, Haryana. *** N.S.Shekhawat J.
The petitioner has filed the present petition under Section 439 Cr. P.C with a prayer to grant regular bail to him in case FIR No.643 dated 24.10.2020, under Sections 406,409,419,420,465,467,468,471,120-B of IPC registered at Police Station City, Sirsa, District Sirsa, Haryana.
The FIR in the present case was registered on the basis of a complaint filed by Excise and Taxation Officer, Ward No.-5, Sirsa and the same has been reproduced as below:- OFFICE OF DY EXCISE G TAXATION COMMISSIONER (ST) SIRSA, VANIJYA BHAWAN, BARNALA ROAD SIRSA From Excise Taxation Officer Ward No. 5 Sirsa To, The Superintendent of Police Sirsa No. 3600/dated 11-12-19 Subject-Regarding registration of FIR against Sh. Raman Kumar S/o Sh. Krishan Lal R/o Sultanpuria Road Near DAV School Rania Prop M/s Giriraj Udhyog Sirsa TIN 0
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Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.