TMI Blog2020 (6) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... any other document, which may be required subsequently. The petitioners cannot be said to be required for any further investigation and no recovery is required to be effected against them and their account has also been seized - The recovery, which is required to be made as against the accused petitioners, is under the provisions of GST Act, which are not part of the criminal case. This Court also notices that the offence alleged against the accused petitioners is compoundable. However, no process for compounding the offence has been undertaken by either of the party. However, learned counsel submits that as the petitioners are behind bars, no proceeding for compounding the offence could be taken. Keeping in view that the petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch are in all 87 in number. Learned counsel submits that the allegation against the petitioners is of having issued invoices giving benefit to companies who availed benefit of of ITC (Input Tax Credit). A list of the said companies have been mentioned in the complaint which are 36 in number. However, no action has been taken as against the concerned persons of the said companies. Learned counsel submits that no further investigation is required to be conducted as against the accused petitioners and they are in judicial custody since long. Learned counsel submits that under the CGST Act, the case is compoundable and maximum punishment which can be awarded is only five years. The petitioners have already remained in jail for the last 450 days ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, 321 customers are those who are residing outside Rajasthan. 7. Learned counsel submit that the Revenue Department has recovered ₹ 30 crore from such customers, who wrongly availed of the benefit of ITC. Learned counsel submits that as regards the case being registered against the said beneficiaries since the provisions is only where the benefit has been wrongfully obtained from more than 5 crore and otherwise the case is bailable. The department in the process of conducting further investigation in regard to others. On being asked by this Court with regard to any particular investigation, which is pending as against the accused petitioners, learned counsel frankly states that there is no such investigation as against the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the Court and be in attendance thereon whenever his presence is required. 46. We are conscious of the fact that the accused are charged with economic offences of huge magnitude. We are also conscious of the fact that the offences alleged, if proved, may jeopardize the economy of the country. At the same time, we cannot lose sight of the fact that the investigating agency has already completed investigation and the charge sheet is already filed before the Special Judge, CBI, New Delhi. Therefore, their presence in the custody may not be necessary for further investigation. We are of the view that the appellants are entitled to the grant of bail pending trial on stringent conditions in order to ally the apprehension expressed by C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urrendered before the Ld. Special Judge, CBI, that fact should also be supported by an affidavit. e. We reserve liberty to the CBI to make an appropriate application for modification/recalling the order passed by us, if for any reason, the appellants violate any of the conditions imposed by this Court. 11. Coming to the facts of the present case, this Court notices that the complaint has already been filed with complete details before the Chief Metropolitan Magistrate (Economic Offences), Jaipur, who is ceased with the matter and the trial has commenced. The witnesses are in a huge number and the trial is likely to take time. No further documents are required to be produced apart from any other document, which may be required subs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioners subject to submitting a bail bond in the sum of ₹ 1,00,000/- along with one surety of the like amount subject to the following conditions. a. The appellants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts or the case so as to dissuade him to disclose such facts to the Court or to any other authority. b. They shall remain present before the Court on the dates fixed for hearing of the case. If they want to remain absent, then they shall take prior permission of the court and in case of unavoidable circumstances for remaining absent, they shall immediately give intimation to the appropriate court and also to the Superintendent, CBI and request that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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