Ashok Sukhija vs. State Of Haryana
Held
The Court granted bail to the petitioners, noting the significant delay in lodging the FIR, the case being primarily documentary, and the fact that a co-accused had already been granted bail. The applicability of IPC provisions was also considered debatable.
Facts
The FIR was registered based on a complaint alleging bogus refund claims of input tax credit by a firm using false documents. The petitioners, an alleged commission agent and an officer who passed the final assessment order, sought bail.
Key Issues
Whether the petitioners are entitled to regular bail given the delay, nature of evidence, and bail granted to a co-accused. Whether IPC provisions are applicable when a special act (VAT Act) governs the alleged offense.
Sections Cited
Section 439 CrPC, Section 173 CrPC, Section 406 IPC, Section 409 IPC, Section 419 IPC, Section 420 IPC, Section 465 IPC, Section 467 IPC, Section 468 IPC, Section 471 IPC, Section 120B IPC, Section 57 Punjab Value Added Tax Act, 2005, Section 58 Punjab Value Added Tax Act, 2005
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****
CRM-M-52902-2023 2023: PHHC: 163131
**** ****
CRM-M-56316-2023 2023: PHHC: 163132
**** MAHESH KUMAR @ MAHESH BANSAL
. . . . Petitioner Vs.
STATE OF HARYANA
. . . . Respondent
**** Reserved on:12.12.2023 Pronounced on: 19.12.2023 **** CORAM: HON’BLE MR JUSTICE DEEPAK GUPTA
**** Present: - Mr. Harpreet S. Rakhra, Advocate, for the petitioner (in CRM-M-52902-2023)
Dr. Anmol Rattan Sidhu, Sr. Advocate with Mr. Pratham Sethi, Mr. Kanishk Sarup, Advocates, for the petitioner (in CRM-M-56316-2023)
Mr. Sumit Jain, Addl. A.G., Haryana. **** DEEPAK GUPTA, J.
By way of above titled two petitions, both filed under Section 439 CrPC, petitioners pray for grant for their release on regular bail in case FIR No.657 dated 24.10.2020, registered at Police Station City Sirsa, under Sections 406/409/419/42
The judgment continues below.
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