Gopi Chand Chaudhary vs. State Of Haryana
Held
The Court granted bail to the petitioner, noting that the investigation was complete, the trial was progressing slowly, and the petitioner had already been in custody for over four months. The Court found no probability of tampering with evidence and considered the non-violent nature of the alleged offense.
Facts
The petitioner sought bail in an FIR registered under various IPC sections for allegedly claiming bogus refunds of input tax credit using fabricated documents. The prosecution alleged that the petitioner, a former Joint Commissioner of Excise and Taxation, was involved in fraudulent claims amounting to over Rs. 29 lakhs.
Key Issues
Whether the petitioner, a retired official, should be granted bail given the completion of investigation, slow trial progress, and the nature of the alleged offenses. The applicability of IPC provisions versus special tax enactments was also raised.
Sections Cited
IPC sections 120-B, 406, 409, 419, 420, 465, 467, 468, 471, Haryana Value Added Tax Act, 2003
AI-generated summary — verify with the full judgment below
2023:PHHC:130928 CRM-M-49998-2023 (O&M) 234 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-49998-2023 (O&M)
Date of decision: October 09, 2023
Gopi Chand Chaudhary ….Petitioner versus
State of Haryana ….Respondent
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present:- Mr. Aman Pal, Advocate,
Mr. Madhur Panwar, Advocate for petitioner.
Mr. Vikas Bhardwaj, AAG Haryana.
***** ARUN MONGA, J. (ORAL)
Following the denial of bail by the learned trial Court, the petitioner is now before this Court seeking his release as an undertrial in a caseFIR No.657 dated 24.10.2020, registered under Sections 120-B,406, 409, 419, 420, 465, 467, 468, 471 of the Indian Penal code, 1860 (hereinafter referred to as ‘IPC’), at the City, Police Station in Sirsa.
The prosecution's case is that on October 24, 2022, a letter dated 11.12.2019 was received from the office of Deputy Excise Taxation Commissioner (ST), Sirsa Vanijya Bhawan, Barnala Road, Sirsa, from Excise Taxation Officer Ward No.5, Sirsa, to the Superintendent of Police, Sirsa, requesting the lodging of an FIR against Madan Lal, son
The judgment continues below.
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