Dangar Raydhanbhai Govindbhai Through Dangar Kajalben Raydhanbhai vs. State Of Gujarat
Held
The Court partly allowed the application for temporary bail. The applicant, Dangar Raydhanbhai Govindbhai, was ordered to be released on temporary bail for a period of five days from the date of his actual release. This release is subject to furnishing a personal bond of Rs. 10,000/- to the satisfaction of the jail authority and adherence to usual terms and conditions. A crucial condition is that the applicant must surrender before the concerned jail authority upon completion of the temporary bail period. The Court considered the fact that the applicant has been in jail since October 8, 2020, and has not been released on temporary bail till date, in light of the offenses under the Gujarat GST Act, 2017, Central GST Act, 2017, and Section 120(b) of the Indian Penal Code. The Rule was made absolute accordingly. The issue of a 30-day bail period was not granted, hence the 'partly allowed' status.
Facts
The applicant, Dangar Raydhanbhai Govindbhai, through his representative Dangar Kajalben Raydhanbhai, filed a criminal miscellaneous application before the High Court of Gujarat at Ahmedabad. The application sought temporary bail for a period of 30 days. The applicant is currently incarcerated in connection with C.C. No. 15162 of 2020 (S.G.S.T. Case No. 01 of 2020), initiated by the Office of the Chief Commissioner of State Tax, Ahmedabad. The grounds for seeking bail were to make financial arrangements for his family. The applicant has been in jail since October 8, 2020, and has not been released on temporary bail since then. The alleged offenses relate to Sections 132(1)(A), 132(1)(F), 132(1)(H), 132(1)(J), 132(1)(K), 132(1)(I), and 132(1)(IV) of the Gujarat GST Act, 2017, and the Central GST Act, 2017, as well as Section 120(b) of the Indian Penal Code.
Key Issues
1. Whether the applicant is entitled to temporary bail for a period of 30 days on the grounds of making financial arrangements for his family, considering his continued incarceration since October 8, 2020, and the nature of the alleged offenses under the Gujarat GST Act, 2017, Central GST Act, 2017, and the Indian Penal Code. Petitioner's Contention: The applicant argued for temporary bail to make financial arrangements for his family, highlighting his prolonged period of detention since October 8, 2020, and the absence of prior temporary bail releases. The applicant, appearing party-in-person, sought relief based on these circumstances. Revenue's Contention: The State of Gujarat, represented by learned APP Mr. H. K. Patel, was present and waived service of notice. No specific arguments were recorded for the respondent-State regarding the merits of the bail application, beyond their appearance and waiver of service.
Sections Cited
Section 132(1)(A), Section 132(1)(F), Section 132(1)(H), Section 132(1)(J), Section 132(1)(K), Section 132(1)(I), Section 132(1)(IV), Section 120(b)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER RULE. Learned APP waives service of notice Rule on behalf of the respondent-State.
Present application has been preferred by the applicant to release him on temporary bail for a period of 30 days in connection with C.C. No. 15162 of 2020 (S.G.S.T. Case No. 01 of 2020) with Office of Chief Commissioner of State Tax, Ahmedabad on the ground of making financial arrangement for his family.
From the jail record, it appears that whenever the applicant is involved in offence under Sections 13
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Reproduced from the public record of the Gujarat High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.