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TMI Blog2020 (12) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... th the sides have been heard and considered. It has been observed that infact no fresh guidelines have been laid down by the High Powered Committee on 31.07.2020 for relaxation of criteria for release of UTPs on interim bail and they had only directed/clarified, inter-alia, that all the UTPs falling in any of the criteria laid down by the Committee in its earlier meetings were at liberty to move appropriate applications seeking their interim bail for a period of 45 days. Such criteria is found to have actually been laid down/prescribed vide previous guidelines dated 28.03.2020, 07.04.2020, 18.04.2020, 18.05.2020 and 20.06.2020 etc. So far as guidelines/criteria which may be applicable in a case having maximum sentence of 7 years or less, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... han 1 year. It has further been submitted that though the applicant has been made accused for causing huge revenue loss of several crores to the department/DGGI, but not even a single penny has been released to the applicant by government and the entire theory of cheating of such a huge amount is speculative. It is further argued that Ld. CMM, PHC, ND has wrongly rejected the application for interim bail of the applicant filed on the basis of above guidelines vide his order dated 11.08.2020, while wrongly placing reliance upon the judgment dated 10.08.2020 of the Hon'ble High Court in the case Malvinder Mohan Singh Vs State of NCT of Delhi & Anr. in W.P. (Crl) 814/2020. On the other hand, Ld. SPP appearing for the department has argued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yer of an accused seeking bail or interim bail. 44. It is essential to observe that the order of the Hon'ble Supreme Court dated 13.04.2020 clarified its order dated 23.03.2020 in Suo Moto Writ Petition (C) No.1/2020 IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS and thereby, the Hon'ble Supreme Court has made it clear that it has not been directed that the State/Union Territories have compulsorily to release the prisoners from the respective prisons and that the purpose of the order dated 16.03.2020 was to ensure that the State/Union Territories assess the situation in their prisons having regard to the outbreak of the pandemic in the country and to release certain prisoners and for that purpose to determine the category of prisoners to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Delhi regarding formation of present Committee, he on being directed by Hon'ble Chairperson had requested D.G. (Prisons) through the letter dated 26.03.2020 to furnish requisite information for the impact analysis on the proposed relaxed criterion of under trial prisoners. The same is accordingly submitted. The Members of the Committee discussed and deliberated upon the proposed category of prisoners, who may now be considered for grant of interim bail for 45 days in view of the circumstances in which we are in, preferably on 'Personal Bond':- (i) Under trial prisoners (UTPs) who are facing trial in a case which prescribes a maximum sentence of 7 years or less ; or (ii) Even If, the UTP has more than one case an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom above, the above relaxations granted by the High Powered Committee vide the said guidelines were not to be made applicable in certain cases like cases pertaining to recovery of intermediary and large quantity of drugs under NDPS Act, cases under Sections 4 & 6 of the POCSO Act, cases of rape under different Sections as stated in the guidelines, cases of foreign nationals and also the cases under PC Act/PMLA and those investigated by CBI/ED/NIA/Special Cell Police/Crime Branch/SIFO and terror related cases under Anti-national Activities and Unlawful Activities (Prevention Act) etc. Though Ld. Counsel for the applicant is right in making a submission that cases under the Customs Act or CGST Act have not been specifically excluded from ope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad shown Outward supply of Rs. 1560 corers attracting ITC of Rs. 274 crores. It has also been alleged that on the basis of above fake ITCs of Rs. 274 crores, certain other companies had also availed refund/adjustment of the above amount of tax in relation to their import and export transactions and thus, a huge financial loss has been caused to the department. It has also been brought to notice of this court that previously also the applicant has been involved in a case of banking fraud valuing more than Rs. 2 corers at Gurugram, Haryana, though she stated to be on bail in the said case. Therefore, keeping in view the above facts and circumstances and huge volume of financial loss caused to the department by above fake ITCs issued and pass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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