Milan Harishbhai Mavani vs. State Of Gujarat

Held

The Court held that the applicant was entitled to regular bail. The Court considered the nature of the allegations against the applicant and his role, without discussing the evidence in detail. The Court noted that the investigation was over and a charge-sheet had been filed. Crucially, the Court observed that similarly situated accused involved in similar GST offences had been enlarged on bail by a coordinate bench of the High Court. Therefore, the Court was of the prima facie opinion that it was a fit case to exercise discretion and enlarge the applicant on regular bail. The applicant was ordered to be released on bail upon executing a personal bond of Rs. 10,000/- with one surety of like amount, subject to several conditions, including not misusing liberty, not acting prejudicially to the prosecution, surrendering his passport, not leaving Gujarat without permission, furnishing his latest address, and marking his presence at the police station periodically. The Court also directed that the trial court should not be influenced by these preliminary observations while enlarging the applicant on bail.

Facts

The applicant, Milan Harishbhai Mavani, filed an application under Section 439 of the Code of Criminal Procedure seeking regular bail. The application pertains to a criminal case registered for offences under Section 132(1)(a)(b)(c)(f)(j)(k)(l) of the Gujarat Goods and Service Tax Act, 2017, and the Central Goods and Service Tax Act, 2017, punishable under Section 132(5) of the Act, along with Sections 120A, 120B, and 463 of the Indian Penal Code. The case number is Criminal Case No. 895 of 2019, arising from FILE NO. AC-5 (ENFORCEMENT)/ DIVISION-9/ BHAVNAGAR ARREST- SHRI MILAN MAVANI/ 2019-20. The applicant's counsel argued for his enlargement on bail considering the nature of the offence. The State opposed the bail application due to the gravity of the offence. The Court noted that the investigation was complete, and a charge-sheet had been filed. The Court also considered that similarly situated accused involved in similar GST offences had been granted bail by a coordinate bench.

Key Issues

1. Whether the applicant is entitled to regular bail under Section 439 of the Code of Criminal Procedure, considering the nature and gravity of the alleged offences under the Gujarat Goods and Service Tax Act, 2017, Central Goods and Service Tax Act, 2017, and the Indian Penal Code? Petitioner's Argument: The petitioner argued that considering the nature of the offence, he should be enlarged on regular bail by imposing suitable conditions. The petitioner relied on the fact that the investigation was complete, charge-sheet was filed, and similarly situated accused involved in similar GST offences had been enlarged on bail by a coordinate bench of the High Court. Revenue/State's Argument: The respondent-State opposed the grant of regular bail, looking to the nature and gravity of the offence.