Praveen Jangid S/O Shri Mohan Lal Jangid vs. State Of Rajasthan
Held
The Court granted bail to the petitioner under Section 439 Cr.P.C. The Court considered the totality of the facts and circumstances of the case, including the fact that the conclusion of the proceedings is likely to take some time. The Court explicitly stated that it was not expressing any opinion on the merits of the case. The petitioner was directed to be released on bail upon furnishing a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each, to the satisfaction of the learned trial court. The petitioner is required to appear before the trial court on each date of hearing and whenever called upon until the completion of the trial.
Facts
The petitioner, Praveen Jangid, has been arrested in connection with FIR No. 380/2020 registered at Police Station Murlipura, Jaipur Mahanagar, for alleged offences under Sections 420, 467, 468, and 471 of the Indian Penal Code. The allegations state that the petitioner created a firm which unlawfully claimed input tax credit (ITC), resulting in a loss of GST revenue. A charge-sheet has been filed in the matter. The petitioner has filed a bail application under Section 439 of the Criminal Procedure Code.
Key Issues
1. Whether the petitioner is entitled to be released on bail under Section 439 Cr.P.C. in connection with FIR No. 380/2020, considering the allegations of creating a firm to unlawfully claim input tax credit and causing loss of GST revenue. Arguments for the Petitioner: The petitioner's counsel argued that the charge-sheet has already been filed. The core of the allegation pertains to the unlawful claiming of input tax credit, which is a matter related to GST revenue loss. Arguments for the Respondent: The learned Public Prosecutor opposed the bail application.
Sections Cited
Section 439
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Cause title — parties, addresses and appearances
Order 30/09/2021 In the wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No.380/2020 of Police Station Murlipura, Jaipur Mahanagar for the offences punishable under Sections 420, 467, 468, 471 of IPC. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits the allegation against the present petitioner is of created a firm, which has unlawfully taken benefit of input tax credit claim, thereby causing loss of GS
The judgment continues below.
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Reproduced from the public record of the Rajasthan High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.