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2024 (2) TMI 996 - CHHATTISGARH HIGH COURTSeeking grant of regular bail - availment of irregular credit - invoices have been issued without any underlying supply of goods - HELD THAT:- From the documents placed before this Court by learned counsel for non-applicant, it is reflecting that applicant was served with notice under Section 70 of the Act of 2017 and during investigation, non-applicant has found applicant involved in creating forged invoices availing input tax credits to the tune of Rs. 20,96,89,839/-. Mere fact that applicant is in jail since 7.2.2023 cannot be a ground to enlarge him on bail, particularly when there is submission of learned counsel for non-applicant that investigation is still going on. Hon'ble Supreme Court in case of NIMMAGADDA PRASAD VERSUS CENTRAL BUREAU OF INVESTIGATION [2013 (5) TMI 920 - SUPREME COURT] observed that Taking note of all these aspects, without expressing any opinion on the merits of the case and also with regard to the claim of the CBI and the defence, we are of the opinion that the appellant cannot be released at this stage, however, we direct the CBI to complete the investigation and file charge sheet(s) as early as possible preferably within a period of four months from today. Further, in SANDEEP GOYAL VERSUS UNION OF INDIA [2020 (5) TMI 240 - SC ORDER] the Hon'ble Supreme Court even after considering the submission of learned counsel for applicant therein that applicant is in jail for last one year and eight months; some of accused persons are released on bail, has refused to grant bail to applicant taking note of the fact that investigation is not complete, and disposed of SLP observing that the State shall make endeavour to complete the investigation within specified period. In the case at hand also, the applicant is involved in the economic offence, investigation is still going on. The present is not a fit case to allow application of applicant for grant of regular bail and it is, accordingly, rejected.
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