The Union Of INDIA vs. Sourav Bajoria

Held

The High Court held that the prayer made by the petitioner (Union of India/DGGI) for imposing conditions on the accused granted default bail can and should be made before the learned trial court. The Court opined that the trial court is the appropriate forum to consider such a request and has the power to impose necessary conditions. Therefore, the High Court disposed of the petition at the Motion stage. The petitioner was directed to file a fresh petition before the learned trial court detailing their grievances. The trial court, upon receiving this petition, is to consider and dispose of it in accordance with the law, after providing an opportunity of being heard to both parties. The Court did not decide on the merits of imposing conditions but rather directed the petitioner to the correct procedural path.

Facts

The Union of India, through the Directorate General of Goods and Service Tax Intelligence (DGGI), Guwahati Zonal Unit, filed a petition under Section 482 CrPC. The DGGI challenged an order dated September 20, 2021, passed by the learned trial court, which granted default bail to the accused, Sourav Bajoria. The DGGI contended that the trial court failed to impose any conditions on the accused while granting bail, despite the investigation being incomplete. The case involves alleged defrauding of the Tax Department through manipulation of GST documents, and the DGGI asserts that the accused's cooperation is crucial for a thorough investigation into the entire matter.

Key Issues

1. Whether the High Court, in its inherent powers under Section 482 CrPC, can direct the trial court to impose conditions on an accused granted default bail for non-filing of a charge sheet within the statutory period, when the trial court has not imposed any such conditions. Petitioner's Argument (Union of India/DGGI): The learned trial court erred by not imposing any conditions while granting default bail to the accused. The accused is now not cooperating with the ongoing investigation, which relates to significant tax fraud and manipulation of GST documents. The DGGI argues that the accused's cooperation is essential to complete the investigation and uncover the full extent of the fraud. Without such conditions, the investigation is severely hampered, and the DGGI seeks a direction for the trial court to impose appropriate conditions. Respondent's Argument (Sourab Bajoria): No specific arguments are recorded for the respondent in the judgment. The judgment only notes that the petitioner is the accused who was granted default bail.