TMI Blog2021 (10) TMI 634X X X X Extracts X X X X X X X X Extracts X X X X ..... bail, so he cannot be treated in constructive custody, as his movements are not restricted as per directions of the Court - If a person who has been released on bail is treated in custody, then it will be mockery of justice. Bail always presupposes custody. Bail can be granted only when a person is detained. The submission of the petitioner that the petitioner despite being on interim bail shall be treated in constructive custody of the court, cannot be agreed upon. For the purposes of bail, petitioner cannot be treated in constructive custody. Grant of default bail - filing of incomplete charge sheet - HELD THAT:- It is admitted position of the parties, petitioner was arrested on 28.01.2021, charge sheet was submitted on 26.03.2021 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner's default bail application afresh treating the petitioner in the constructive custody of court since 28.01.2021. Tersely put, a case was lodged bearing No. 4830 of 2021, under Section 132(1) (b)(c) and (1)(i) of C.G.S.T. Act, 2017, D.G.G.I., Department, Meerut against the petitioner Vishal Gupta. The petitioner was arrested in the aforesaid case on 28.01.2021, charge sheet was filed on 26.03.2021, same day cognizance was taken by the concerned Magistrate. Thereafter, in pursuance of guidelines issue by High Power Committed constituted by Hon'ble Apex Court in Suo Moto Writ Petition (c) No. 01/2020 IN RE: Contagion of Covid-19 in prisons, petitioner was released on interim bail on 26.05.2021. The maximum punishment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner is that although petitioner has been released on interim bail in compliance of directions issued by High Power Committee but he shall be deemed to be in constructive custody of the Court. The second submission of the learned counsel for the petitioner is that complete charge sheet has not been filed by the investigating officer in the matter, so petitioner is entitled to default bail. Per contra, learned counsel for respondent vehemently opposed the aforesaid submission and contended that the petitioner cannot be treated in constructive custody because he is already on interim bail. Further submitted that department can file additional evidence any time after submission of charge sheet under Section 173(8) Cr.P.C. The word ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 439, (we are not, be it noted, dealing with anticipatory bail under Section 438) is physical control or at least physical presence of the accused in court coupled with submission to the jurisdiction and orders of the court. Thus, custody means when a police officer arrests a person, produces him before the Magistrate and gets a remand to judicial or other custody, he can be stated in judicial custody when he surrender before the court and submits to its directions. As petitioner has been released on interim bail, so he cannot be treated in constructive custody, as his movements are not restricted as per directions of the Court. If a person who has been released on bail is treated in custody, then it will be mockery of justice. Bail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (c) of the CGST Act, 2017 and punishable under clause (i) of Section 132(1) being a cognizable and non-bailable offence with imprisonment for a term which may extend to five years and with fine. Taking cognizance of his offence Shri Vishal Gupta was arrested on 28.01.2021 under Section 69 of the CGST Act, 2017 and produced before the Ld. Court of Spl. CJM, Meerut on 28.01.2021. 15. The Guilt of the accused person may be established on the basis of the documents, case property and oral testimony of the witnesses to be produced during the trial. Therefore, it is prayed that Ld. Spl. CJM may be pleased to take cognizance of offence to stand trial of accused and to punish him in accordance with the law. Learned counsel for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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