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2022 (8) TMI 275 - HC - GSTWrong availment and utilization of ITC - bogus bills - wilful mis-statement and suppression of fact - Presumption of innocence - Sections 406, 420, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 - HELD THAT:- There is no compelling circumstance as would call for continued custodial detention of an accused in a Magisterial trial when they have already undergone 1½ years of actual sentence and the trial is still at the nascent stage and is likely to take long to conclude. Magnitude of a crime and it social impact are even though essential aspects to be kept in mind while constituting a bail petition, however, the same can not remain the sole ground for prolonging detention for indefinite period of time. Court needs to strike a fine balance while considering an application of bail since the adopted criminal jurisprudence in the country hinges on presumption of innocence. The power to grant bail is not to be deployed as a mechanism for imposing sentence even before a guilt is yet to be proved and established. The present petitions are allowed and the petitioners are admitted to regular bail subject to their furnishing heavy bail bonds/surety bonds to the satisfaction of Trial Court/Duty Magistrate, concerned - It is made clear that the petitioners shall not extend any threat and shall not influence any prosecution witnesses in any manner directly or indirectly.
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