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2023 (9) TMI 231 - PUNJAB AND HARYANA HIGH COURTRejection of grant of bail - evasion of tax - wrongful availment and passing of ITC - Sub Clauses (b) & (c) of Sub-Section 1 of Section 132 of GST Act - HELD THAT:- Investigation qua the petitioner is complete. Petitioner is thus not required for custodial interrogation. Allegations against the petitioner are matter of trial. There are 64 prosecution witnesses. Matter is now fixed for 06.09.2023 for pre-charge evidence of complainant. Commencement/conclusion of trial will take some time. Bail allows an accused to maintain his freedom until his guilt or innocence is determined. Whereas, petitioner remained in custody with effect from 30.10.2020 to 25.05.2021, per custody certificate. He however, admits that no other case is pending against him. Petitioner is stated to be 45-year old family person, and in his absence, his family members are living in sheer penury. He is only breadwinner of his family. He has already lost his livelihood due to prolonged incarceration. Having clean antecedents and fixed abode, it is unlikely that he poses any flight risk and/or will flee from trial proceedings - Considering the overall scenario and without commenting on the merits of the case, the instant petition is allowed. Thus, no useful purpose would be served to further incarcerate the petitioner. The petitioner is ordered to be released on bail, if not required in any other case, on his furnishing bail bonds and surety bonds to the satisfaction of learned trial Court, where his case is being tried and in case he/she is not available, before learned Duty Judge, as the case may be.
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