Home Case Index All Cases GST GST + HC GST - 2022 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (2) TMI 1158 - HC - GSTSeeking grant of Default Bail - bail sought on the ground that the prosecution failed to within the statutorily prescribed period, institute report/challan before the learned trial Judge concerned - HELD THAT:- It was imperative for the petitioner, to disclose tangible evidence in display, that he is not possessed of adequate financial resources, and that hence he is disabled, to comply with the modified default bail conditions, as became imposed upon him, by the learned Additional Sessions Judge concerned, as a pre-condition for his availing the benefit of default bail. Prima facie lack of financial empowerment, would also become the relevant factor, in concluding that the conditions imposed are exploitative, oppressive and harsh, and, completely negate the effect, if any, of the indulgence of default bail, as becomes granted to the petitioner. The learned counsel appearing for the petitioner on instructions meeted to him by the latter, has made a very candid submission, that the impugned modified conditions, as imposed upon the bail petitioner, are oppressive, harsh, and, exploitative, and would ultimately negate the indulgence of default bail, as becomes accorded to him, as he submits that the bail petitioner, is not possessed of financial emplowerments in commensuration to the modified impugned bail conditions, as become imposed upon him, by the learned Additional Sessions Judge, Ludhiana - this Court concludes, that the ill sequel thereof would be, that the personal liberty of the bail petitioner would become completely curtailed, merely on account of his inability to fulfil the harsh, oppressive, and, exploitative bail conditions. Consequently, this Court deems it fit to modify the conditions of default bail. The learned counsel for the petitioner, on instructions meted to him by the latter, made a statement at the bar, that the petitioner is ready and willing to furnish personal as well as three surety bonds (of whom two sureties, should be local) comprised in a sum of ₹ 10 lakhs each to the satisfaction of the learned trial Magistrate concerned. The above are both reasonable, and, just, and, would make fully efficacious the default bail granted to the petitioner. Obviously hence the other condition(s) as became imposed through the impugned order as made by the learned Additional Sessions Judge, Ludhiana, upon, the petitioner inasmuch as, his also furnishing FDR/bank guarantee comprising thereins a sum of ₹ 40 lakhs is quashed, and, set aside. Application disposed off.
|