Mohammed Yunus@Mohammed Yunus Khan@Mohemmed Yunus@Yunus Khan vs. Union Of INDIA

CRLMB/5972/2020HC RajasthanGSTCNR RJHC02030170202014 September 2020Bench: PANKAJ BHANDARI2 pages
AI SummaryDismissed

Held

The Court held that there were no grounds to entertain the second bail application. The reasoning was that the first bail application of the petitioner had already been decided on its merits through a detailed order. The only subsequent development was the filing of the charge-sheet. The Court found this to be insufficient to constitute a change in circumstances that would necessitate entertaining a second bail application. Therefore, the Criminal Miscellaneous Second Bail Application was rejected. The ratio decidendi is that a second bail application will not be entertained merely on the filing of a charge-sheet if the first application was decided on merits and no other material change in circumstances is demonstrated.

Facts

The petitioner, Mohammed Yunus, filed a second bail application under Section 439 of the Cr.P.C. The FIR, No. DGGI/JZU/INV/GRH/GST/109/2019-20, was registered by the Senior Intelligence Officer, Goods and Service Tax, Intelligence Directorate, Jaipur Zonal Unit, Jaipur. The alleged offenses are under Sections 132(1)(b), (c), (f), and (l) of the Goods and Service Tax Act, 2017, read with Section 132(1)(i)(iv) and (5) of the Central Goods and Service Tax Act, 2017. The petitioner's first bail application was previously decided on merits. The court noted that no change in circumstances, other than the filing of the charge-sheet, warranted entertaining the second bail application.

Key Issues

1. Whether there are sufficient grounds to entertain a second bail application when the first bail application was decided on merits and there has been no significant change in circumstances, apart from the filing of the charge-sheet? (Section 439 Cr.P.C.) Petitioner's Argument: The petitioner sought bail, implying a belief that circumstances warranted a fresh consideration. However, the judgment does not record specific arguments made by the petitioner for entertaining the second bail application beyond the implicit request for bail. Respondent's (Union of India) Argument: The respondent, through the Senior Intelligence Officer, likely opposed the bail application, arguing that the filing of the charge-sheet alone does not constitute a material change in circumstances justifying a second bail application after the first was decided on merits. The judgment indicates the respondent's stance by stating no grounds were made out for entertaining the second application.

Sections Cited

Section 132(1)(b), Section 132(1)(c), Section 132(1)(f), Section 132(1)(l), Section 132(1)(i)(iv), Section 132(1)(5), Section 439

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 5972/2020 Mohammed Yunus@mohammed Yunus Khan@mohemmed Yunus@yunus Khan, Aged About 35 Years, S/o Late Shri Najir Ahmed @ Mohemmed Najir Khan @ Mohemmed Najir R/o A3/139 Sector -5 Rohini Delhi -85 (Presently Confined In Central Jail Jaipur) ----Petitioner Versus Union Of India, Through Senior Intelligence Officer D.g.g.i, Jaipurjonal Region Unit Jaipur ----Respondent For Petitioner(s) : Mr. Anil Kumar Upman through V.C. For U.O.I. : Mr. Siddharth Ranka through V.C. HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order 14/09/2020

1.

Petitioner has filed this second bail application under Section 439 of Cr.P.C.

2.

File/F.I.R.

No.

DGGI/JZU/INV/GRH/GST/109/2019-20 Complaint No.02/2020 was registered Senior Intelligence Officer Goods And Service Tax, Intelligence Directorate, Jaipur Zonal Unit, Jaipur for offence under Sections 132(1)(b), (c), (f) & (1) of Goods and Service Tax Act, 2017 read with Section 132(1)(i)(iv) Read with (5) Central Goods and Service Tax Act, 2017. 3. No ground is made out for entertaining the second bail application as the first bail application of the petitio

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