Home Case Index All Cases GST GST + HC GST - 2023 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (3) TMI 1063 - HC - GSTSeeking grant of regular bail - accumulation of very high amount of fraudulent Input Tax Credit (ITC), on the basis of bogus purchase invoices from nonexistent and fraudulent firms - showing sale invoices at lower tax rate and claiming inverted tax refund, by filing and unloading fake documents including CA certificates - same modus operandi was used by cartel of economic offenders in filing bogus applications for refund consisting of various fake firms. HELD THAT:- The petitioner is involved in economic offence and is in custody since 26.05.2022 - In case THE STATE OF BIHAR & ANR. VERSUS AMIT KUMAR @ BACHA RAI [2017 (4) TMI 1410 - SUPREME COURT], it is held by Hon’ble Apex Court that there is no straight jacket formula for consideration of grant of bail to an accused as it all depends upon the facts and circumstances of each case. The grant of bail was set aside to the kingpin of crime, publicly known as “Bihar Topper Scam”, by observing that Investigating Officer was going to file additional charge-sheet. In SANJAY CHANDRA VERSUS CBI [2011 (11) TMI 537 - SUPREME COURT], it is held that when charge-sheet is already filed before the Court, the presence of accused in custody may not be necessary for further investigation. It is held therein that the appellants were entitled to grant of bail pending trial on stringent conditions in order to ally the apprehension expressed by CBI. In this case, the investigation is already complete. The complaint has already been filed in the concerned Court. The co-accused Sunil Mahlawat and Gaurav Dhir have already been granted bail by the Coordinate Bench of this Court and the case is to be tried by the Magistrate - The further custody of the petitioner would not serve any useful purpose. The petitioner is ordered to be released on regular bail, subject to his furnishing bail/bond amounting to Rs.10 lakhs with two sureties in the like amount, to the satisfaction of trial Court/Duty Magistrate concerned and subject to him being not required in any other case - Petition allowed.
|