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2023 (3) TMI 57 - HC - GSTSeeking grant of regular bail - petitioner has already faced incarceration for more than 1 year and 4 months and the maxmium sentence otherwise even if it is more than Rs. 5 crores is five years - 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 1 year and 4 months. The complaint is still at the summoning stage. The other two accused have already been extended the benefit of bail. During the course of arguments, learned counsel for the respondent has stated that regarding recovery from the petitioner a separate show-cause notice is yet to be issued. Considering the total custody of the petitioner which is more than 1 year and 4 months, this Court deems it fit and proper to grant regular bail to the petitioner - Petition allowed.
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