Ritesh Aggarwal vs. Directorate General Of GST Intelligence, Dggi
Facts
The petitioner, Ritesh Aggarwal, filed a petition before the Delhi High Court seeking to set aside an order dated July 17, 2021, passed by the learned Sessions Court. This order had cancelled the bail previously granted to the petitioner by the learned Trial Court on March 9, 2021. The Directorate General of GST Intelligence (DGGI) is the respondent. The investigation by the DGGI is stated to be complete, and the petitioner is no longer required for further investigation. A show cause notice has been issued to the petitioner, which they are to respond to.
Held
The Court decided to restore the bail order dated March 9, 2021, passed by the learned Trial Court. This decision was based on the submission made by the learned counsel for the respondent (DGGI) that the investigation is complete and the petitioner is no longer required for such purpose. The Court noted that a show cause notice has been issued to the petitioner, which they are to respond to. In light of the respondent's submission regarding the completion of the investigation, the petition was disposed of by restoring the petitioner's bail. No specific amount in dispute or tax period was mentioned in the judgment. The operative direction was to restore the bail order and dispose of the petition.
Key Issues
1. Whether the bail granted to the petitioner by the learned Trial Court on March 9, 2021, should be restored, considering the investigation is complete and the petitioner is no longer required for further purposes. This issue turns on the principles governing the cancellation of bail and the impact of the completion of investigation on such orders. Contentions: Petitioner: Argued that the bail order should be restored as the investigation is complete and their presence is no longer required. The petition seeks to set aside the Sessions Court's order cancelling bail. Respondent (DGGI): Submitted that the investigation is complete and the petitioner is no longer required for such purpose. They also indicated that a show cause notice has been issued to the petitioner, which will be responded to.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
O R D E R %
2022
The learned counsel for respondent submits the investigation is complete and petitioner is no more required for such purpose. Petitioner files this petition for setting aside the order dated 17.07.2021 passed by the learned Session’s Court in BA No.633/2021 whereby the bail granted to petitioner by the learned Trial Court per order dated 09.03.2021 was cancelled.
Since the learned counsel for respondent makes above submission and submits show cause notice has been issued to petitioner which will be responded to by petitioner, hence, in view of above, while restoring the bail order dated 09.03.2021 passed by the learned Trial Court, the petition stands disposed of. Pen
The judgment continues below.
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