TMI Blog2021 (9) TMI 870X X X X Extracts X X X X X X X X Extracts X X X X ..... ner deserves to be granted bail - the accused-petitioner, named above, shall be released on bail in connection with the abovementioned case on furnishing bail bond of ₹ 1,00,000/- with two suitable sureties of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati and other conditions imposed - application allowed. - Bail Application No. 2007 Of 2021 - - - Dated:- 15-9-2021 - HON BLE MR. JUSTICE HITESH KUMAR SARMA Advocate for the Petitioner : Mr. AD Choudhury, Advocate, Mr. T Chakraborty, Advocate. Advocate for Respondents : Mr. M Phukan, Public Prosecutor ORDER (cav) Heard Mr. AD Choudhury, learned counsel for the petitioner. Also heard Mr. M Phukan, learned Public Prosecutor. [2] This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioner, namely, Sri Subhash Kumar Singh, in connection with BI (E.O) Assam Tax P.E. No. 03(03)/2021, under Section 132(1)(i) of the Assam GST Act, 2017. [3] The scanned copies of the investigation report and the record of the case have been received and perused by this Court. [4] The petitioner was arrested on 12.07.2021 in c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been laid in the Court by the Investigating Agency, there is no scope at all for hampering with the investigation or tampering with any of the materials connected with the case. It has further been submitted by the learned counsel for the petitioner that the offence alleged in the instant case is compoundable in view of the provisions of Section 138 of the AGST Act. He has also referred to the judgment of the Hon ble Supreme Court in the case of Sanjay Chandra vs. Central Bureau of Investigation, reported in (2012) 1 SCC 40 and particularly paras 24 and 46 thereof. Both the paras are reproduced below for convenience of discussion:- 24. In the instant case, as we have already noticed that the pointing finger of accusation against the appellants is `the seriousness of the charge'. The offences alleged are economic offences which have resulted in loss to the State exchequer. Though, they contend that there is possibility of the appellants tampering with the witnesses, they have not placed any material in support of the allegation. In our view, seriousness of the charge is, no doubt, one of the relevant considerations while considering bail applications but that is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character, behaviour and standing of the accused and the circumstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations. 22. There is no hard-and-fast rule regarding grant or refused to grant bail. Each case has to be considered on the facts and circumstances of each case and on its own merits. The discretion of the court has to be exercised judiciously and not in an arbitrary manner. [9] Against such submission of the learned counsel for the petitioner, Mr. Phukan, learned Public Prosecutor has submitted that the offences being an economic offence of huge magnitude, the Court may not like to show any leniency towards the petitioner. He has further submitted that there is no prayer made for compounding of the offences. The offences, involved in this case, are compoundable. On thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ords reasonable grounds for believing instead of the evidence which means the Court dealing with the grant of bail can only satisfy itself as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond reasonable doubt. 25. Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail. The economic offence having deep rooted conspiracies and involving huge loss of public funds needs to be viewed seriously and considered as a grave offence affecting the economy of the country as a whole and thereby posing serious threat to the financial health of the country. [11] Mr. Phukan, learned Public Prosecutor, has also referred to the decision of the Hon ble Supreme Court of India in the case of Y.S. Jagan Mohan Reddy vs. Central Bureau of Investigation, reported in (2013) 7 SCC 439 and particularly paras 34 and 35 thereof, which are quoted below: 34. Economic offences constitute a class apart and need to be visited with a dif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt the alleged amount of evasion of tax, the case falls under Section 132(1)(i) of the AGST Act and the punishment prescribed for such an offence may extend to 5 (five) years and with fine. [15] That apart, the offence report has already been laid in the instant case, and therefore, the undisputed position is that for the purpose of further investigation, custodial detention of the petitioner is not essential. As per the materials on record, there is no indication that the petitioner, if granted bail, is likely to evade the trial or there is an apprehension of his tampering with the witnesses. Apart from all these, this Court has also taken into fact that during the period of entire investigation, the petitioner has been in custody for 65 (sixty five) days. [16] In view of the above, in the considered view of this Court, the petitioner deserves to be granted bail. [17] Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the abovementioned case on furnishing bail bond of ₹ 1,00,000/- (one lakh) with two suitable sureties of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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