2020 (7) TMI 341 - HC - GST

Grant of Bail - offence under Section 132(1) 1 Central Goods Service Tax Act 2017 P.S. Commissionerate District Meerut - HELD THAT - Learned A.G.A. could not dispute the fact that the co-accused has already been released on bail on his furnishing a personal bond. The applicants-Mohd. Shamshad and Sajjad are directed to be released on bail under Section 132(1)1 Central Goods and Services Tax Act 2017 P.S.- Commissionerate District- Meerut on their furnishing a personal bond only to the satisfaction of the jail authorities where the applicants are languishing - Application disposed off.

Summary

Issues: Direction to release applicants on bail under Section 482 Cr.P.C.

Analysis:
The judgment by the High Court of Allahabad, delivered by Justice Ali Zamin, pertains to an application filed under Section 482 Cr.P.C. seeking a direction to release the applicants on bail in Case Crime No. 30 of 2020 under Section 132(1) of the Central Goods & Service Tax Act, 2017. The applicants, Mohd. Shamshad and Sajjad, were seeking release based on a previous court order passed in a Public Interest Litigation. The counsel for the applicants argued that despite the court order, the Magistrate had not released the applicants and had instead called for verification of sureties. It was highlighted that a similar situation had occurred with a co-accused, Pradeep Kumar, whose release on bail was directed by the court in a previous application. The Assistant Government Advocate did not contest the fact that the co-accused had already been released on bail. Consequently, the court directed the release of the applicants on bail in the mentioned case, subject to furnishing a personal bond to the satisfaction of the jail authorities. The court emphasized that the order, along with the bail order, would be considered authentic if available on the official website of the High Court. Additionally, the applicants were instructed not to misuse the liberty of bail and to cooperate with the police, investigating agency, or trial proceedings. The Government Advocate's office was directed to promptly inform the relevant district authorities about the release order for necessary action. As a result of these directions, the application was disposed of by the court.