Sampat Singh vs. State Of Haryana

Facts

The petitioner, Sampat Singh, filed a petition under Section 439 of the Code of Criminal Procedure seeking regular bail. He was arrested on January 2, 2021, in connection with FIR No. 02, registered under various sections of the Indian Penal Code, including those related to cheating and forgery. The investigation involved the GST department, which verified that the company, Nimawat Granite Company, engaged in systematic fraud by under-billing minerals and using bogus weight slips, leading to GST evasion. The petitioner, a computer operator, allegedly prepared fabricated transit passes and e-ravanas using illegal software, showing underweight consignments, while the actual weight was significantly higher. This allowed the company to sell minerals illegally and receive cash payments without accounting, causing a loss to the state exchequer. The petitioner admitted his involvement and recovered incriminating computer equipment. A final report (challan) has been filed. The petitioner has been in custody for over 7 months.

Held

The Court granted regular bail to the petitioner. While acknowledging the gravity of the offences, including GST evasion and forgery, and the petitioner's role in fabricating documents, the Court noted that the petitioner had already undergone actual custody for more than 7 months. Furthermore, a final report (challan) had been filed in the case. Considering these factors, the Court concluded that continued custodial detention of the petitioner was not necessary. The interim bail granted to the petitioner on February 14, 2022, was made absolute. The Court did not wish to expand the scope of the present petition by seeking concessions beyond regular bail at this stage.

Key Issues

1. Whether the petitioner is entitled to regular bail under Section 439 of the Code of Criminal Procedure, considering the gravity of the alleged offences involving GST evasion and forgery, and his role as a computer operator in facilitating the scam? Petitioner's Argument: The petitioner argued that he has been in custody for over 7 months, a final report has been filed, and no other criminal cases are pending against him. He sought the concession of regular bail. Respondent's (State of Haryana) Argument: The State contended that the petitioner was an integral part of the conspiracy and modus operandi, facilitating the illegal sale of minerals and causing significant loss to the state exchequer through GST evasion. They argued that he cannot claim innocence as an employee, especially since he did not report the illegal activities and enjoyed extra benefits. The State highlighted the gravity of the offence and the petitioner's direct involvement in fabricating documents.