TMI Blog2020 (12) TMI 1041X X X X Extracts X X X X X X X X Extracts X X X X ..... conditions therein are ordered to remain intact. Petition allowed in part. - CRM-M-29682-2020 - - - Dated:- 17-12-2020 - HON'BLE MR. JUSTICE DEEPAK SIBAL Present: Mr. Parminder Singh, Advocate for the petitioner. Mr. Ashok Kumar Sehrawat, DAG, Haryana. DEEPAK SIBAL, J. (Oral) Case taken up through video conferencing. The petitioner being the sole proprietor of M/s Shri Balaji Wooltex is sought to be prosecuted by the State under Sections 419, 420, 467, 468, 471, 259 and 120-B IPC on account of his firm having wrongly adjudged input tax credit resulting in loss of tax to the Government exchequer to the extent of ₹ 2.24 crores (approximately). After his arrest in the afore-referred matter, the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the aforereferred judgment of this Court in Ranjit Singh's case (supra) fully covers the case of the petitioner in his favour and that, till date, no challenge to the same has been made by the State before the Supreme Court. Relevant extracts from the judgment of this Court in Ranjit Singh's case (supra) are as follows:- Thus, keeping in view the above factors, this Court is of the opinion that since the maximum punishment which can be awarded is upto 5 years and the petitioner has almost undergone a period of one year having been arrested on 06.09.2019. The onerous conditions would thus violate Article 21 of the Constitution of India as the liberty of the petitioner is being deprived. It is settled principle that bail i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,94,78,017/- which would thus make the offence bailable under Section 69(3) and Section 132(4) but inspite of that imposed the onerous condition which has led to the petitioner continuing to be in incarceration. The said condition thus suffers from the vice of unreasonability and cannot stand the test of judicial scrutiny in view of the law discussed above. Accordingly, the present petition is accepted. The condition of payment of ₹ 1,94,78,017/- along with interest is set aside. The bail bonds of ₹ 50 lakhs with one surety are reduced to ₹ 25 lakhs which shall be in the form of immoveable property, to the satisfaction of the Ilaqa/Duty Magistrate, Panipat. The order of the Addl.Sessions Judge dated 08.04.2020 (Annex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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