Gopi Chand Chaudhary vs. State Of Haryana
Held
The Court found that the allegations primarily concerned an error in judgment by the petitioner, with no evidence of collusion with the main accused. Given the petitioner's age, clean record, and completion of investigation, further custody was deemed unnecessary.
Facts
The petitioner, a senior citizen with no criminal antecedents, sought bail in an FIR alleging fraudulent refund claims on account of input tax credit using forged documents. The petitioner's alleged role was charging a commission on refunds.
Key Issues
Whether the petitioner, accused of facilitating fraudulent refunds by charging commission, is entitled to bail given the lack of evidence of collusion and completion of investigation.
Sections Cited
Section 439 Cr.P.C.
AI-generated summary — verify with the full judgment below
CRM-M-59872-2023 1 2023:PHHC:162625 232 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 18th of December, 2023 CRM-M-59872-2023 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 F.I.R. No.649 dated 24.10.2020 registered for the offences punishable under Sections 406, 419, 420, 465, 467, 468, 471 and Sections 409, 120-B IPC added later on 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. 3603 / dated 11-12-19 Subject:-Regarding registration of FIR against Sh. Jitender Malik S/o Sh Jai Bhagwan R/o H.No 170, New Housing Board Barnala Road Sirsa, Prop M/s Jitender Trading Co., Nea
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
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.