Ravi Ratra vs. State Of Haryana
Held
The Court held that the petitioner is entitled to pre-arrest bail. The reasoning was based on the fact that the petitioner had joined the investigation and cooperated with the authorities. The Court also noted that the petitioner is not involved in any other criminal case. The allegations of embezzlement and non-deposit of GST require further evidence to be established by the prosecution. At this stage, the Court was only adjudicating on the entitlement to pre-arrest bail. The interim order granting pre-arrest bail was made absolute. The Court did not decide on the merits of the allegations of embezzlement or GST non-deposit, leaving those to be decided during the trial.
Facts
The petitioner, Ravi Ratra, filed a petition seeking pre-arrest bail. The allegations against him are that he embezzled the price of 200 auto parts of engine valves in collusion with one Ombir. The State of Haryana is the respondent. The initial order dated 13.09.2019 directed the petitioner to join investigation and granted interim bail in the event of arrest, subject to conditions under Section 438(2) Cr.P.C. The State counsel submitted that the petitioner has joined the investigation and cooperated, but the amount is yet to be recovered. The first informant's counsel argued that multiple invoices were generated for the same serial number, and the collected GST amount has not been deposited.
Key Issues
1. Whether the petitioner is entitled to pre-arrest bail in light of the allegations of embezzlement and non-deposit of GST, considering he has joined the investigation and is not involved in any other case? (Mixed question of law and fact, turning on Section 438 Cr.P.C. and principles of bail). Petitioner's contentions: The petitioner has joined the investigation and cooperated with the authorities. He is not involved in any other criminal case. Therefore, he is entitled to pre-arrest bail. Revenue/State's contentions: The petitioner has allegedly embezzled the price of auto parts and has not deposited the collected GST amount. The amount is still to be recovered. Multiple invoices were generated for the same serial number, indicating potential tax evasion.
Sections Cited
Section 438 Cr.P.C.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 107
CRM-M-38184-2019 (O&M)
Date of Order:20.09.2019 RAVI RATRA
..Petitioner
Versus STATE OF HARYANA ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Deepinder Singh, Advocate, for the petitioner. Mr. Vikas Chopra, DAG, Haryana Mr. Dinesh Arora, Advocate, for the first informant. ANIL KSHETARPAL, J(Oral) On 13.09.2019, following order was passed:- “ Reply on behalf of first informant has been filed today in the Court which is taken on record. Copy supplied. After having heard learned counsel for the parties, it is considered appropriate to direct the petitioner to join investigation. Adjourned to 20.09.2019. In the meantime, in the event of arrest, the petitioner shall be released on interim bail subject to furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.” Allegations against the petitioner are to the effect that th
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