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2023 (4) TMI 1126 - PUNJAB AND HARYANA HIGH COURTSeeking grant of regular bail - alleged amount of evasion of GST is less than Rs. 5 crores - bailable offence - petitioner is in custody for 1 year, 6 months and 16 days and the case is still at the summoning stage on the basis of the complaint filed by the GST authorities - there are number of accused in the present case and most of the accused have already been extended the benefit of regular bail including co-accused namely, Rohit Mehta and Gurbax Lal who have already been granted default bail. HELD THAT:- The quantum of amount which the petitioner is involved is yet to be decided at the time of trial. Under Section 132 of the GST Act even if the amount is more than Rs. 5 crores, the maximum sentence is five years as per the learned counsel for the parties. The petitioner has already faced incarceration for more than 1½ years. The complaint is still at the summoning stage. The other two accused have already been extended the benefit of default bail and one more co-accused namely Harsimranjot Singh Bambhi has been granted regular bail by this Court vide Annexure P-2 who is stated to be at parity with the present petitioner. Considering the total custody of the petitioner which is more than 1½ years, this Court deems it fit and proper to grant regular bail to the petitioner - The petitioner shall be released on regular bail subject to furnishing bail bonds/surety to the satisfaction of the learned trial Court/Duty Magistrate concerned - Petition allowed.
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