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2022 (12) TMI 519 - HC - GSTSeeking grant of Regular bail - second bail application - availment of illegal benefits of input tax credits - HELD THAT:- First bail application of application of applicants was rejected on merits on 18.1.2022. On the said date, investigation was not complete, as stated by learned counsel for non-applicant. There is allegation of causing loss of Rs.258 Crore approximately to the government ex-chequer by applicants. However, this Court cannot overlook the fact that by now applicants have been in custody for about 23 months and they cannot be indefinitely detained in custody pending trial. Maximum sentence which can be imposed upon applicants under Section 132 of the GST Act, 2017 is of five years. Charges against applicants has yet not been framed and during course of arguments, learned counsel for non-applicant on instructions submitted that investigation, so far as present applicants are concerned, is complete. Perusal of list of witnesses (Annexure A-1) would reflect that most of witnesses belong to non-applicant department i.e. government servant. Considering the above decisions of Hon'ble Supreme Court and the facts and circumstances of case at hand, particularly the fact that respondent filed complaint, applicants are in jail since 25.1.2021, maximum sentence which can be imposed is upto five years and no minimum sentence is prescribed under Section 132 of GST Act and investigation is complete, as submitted by learned counsel for non-applicant, without entering into merits of the case, I am inclined to grant regular bail to applicants herein. This second bail application of applicants is allowed and it is directed that applicants shall be released on bail, subject to the conditions imposed.
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