Gopi Chand Chaudhary vs. State Of Haryana
Held
The Court granted bail to the petitioner, noting that the investigation is complete and the challan has been presented. It found no evidence of collusion between the petitioner and the main accused, and that the petitioner's role primarily related to an error in judgment.
Facts
The petitioner, a senior citizen with no prior criminal record, is seeking bail in an FIR registered for offences including cheating and forgery. The FIR alleges fraudulent claims of input tax credit refunds using forged documents, causing revenue loss to the state.
Key Issues
The key issue was whether the petitioner, an excise taxation officer, was complicit in the fraudulent refund claims or if his actions constituted an error in judgment, warranting his continued detention.
Sections Cited
Section 439 Cr.P.C., Sections 406, 409, 419, 420, 465, 467, 468, 471, 120-B IPC
AI-generated summary — verify with the full judgment below
CRM-M-57559-2023 1 2023:PHHC:162750 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 18th of December, 2023 232-2 CRM-M-57559-2023 GOPI CHAND CHAUDHARY ....Petitioner
Versus STATE OF HARYANA ....Respondent CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present : Mr. Japsehaj Singh, Advocate for Mr. Aman Pal, Advocate for the petitioner Mr. A.K. Sehrawat, DAG, Haryana. PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.647 dated 24.10.2020 registered for the offences punishable under Sections 406, 409, 419, 420, 465, 467, 468, 471, 120-B IPC, at Police Station City Sirsa, District Sirsa.
As per the contents of the FIR it has been alleged as under : “OFFICE OF DY EXCISE TAXATION COMMISSIONER (ST) SIRSA, VANIJYA BHAWAN, BARNALA ROAD SIRSA From Excise Taxation Officer Ward No, 5 Sirsa To, The Superintendent of Police Sirsa No. 3648/ dated 12-12-19 Subject:-Regarding registration of FIR against Sh. Sham Sunder S/o Sh. Hazari Lal R/o H. No 747 Ward No. 12, Gaushala Road Near School, Sirsa, Prop M/s Hazari Lal Shyam Sunder Sirsa TIN 06392918810 M
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.