Gopi Chand Chaudhary vs. State Of Haryana
Held
The Court granted bail to the petitioner, noting his age, senior citizen status, and that the challan had already been presented. The Court emphasized that bail is to secure the presence of the accused at trial and not for punitive or preventive purposes.
Facts
The petitioner, a retired Joint Commissioner of Excise and Taxation, sought regular bail in an FIR registered for allegedly claiming bogus refunds on account of input tax credit using false documents. The FIR was based on a complaint by an Excise and Taxation Officer alleging a revenue loss of Rs. 30,32,548/-.
Key Issues
The primary issue was whether the petitioner, a senior citizen and retired official, should be granted bail given his age, health, and the fact that the investigation was complete.
Sections Cited
Section 439 Cr. P.C
AI-generated summary — verify with the full judgment below
CRM-M-57541-2023 -1. 2023:PHHC:165782
218-2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-57541-2023 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.646 dated 24.10.2020, under Sections 406,409,419,420,465,467,468,471 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. 3594/dated 11-12-19 Subject-Regarding registration of FIR against Sh. Basant Singh S/o Sh. Motu Singh R/o H. No 900A Chattergarh Patti Sirsa Prop M/s Shree Triputi Traders Sirsa TIN 063
The judgment continues below.
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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.