9911796707
TMI Blog2024 (10) TMI 1613X X X X Extracts X X X X X X X X Extracts X X X X ..... bail in connection with FIR being F. No. GEXCOM/SAI/ MISC/199/2022-SI registered at Superintendent (AE) Central GST, Gandhinagar for the offences punishable under Sections 132 (1) (d), etc. of the Central Goods and Services Tax Act, 2017. 3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant is in jail since 04.07.2024. It is submitted that nothing is required to be recovered or discovered from the applicant and the alleged offence is punishable upto five years only. The applicant, a Director of Xerxes HR Services Pvt. Ltd., oversees a company that provides manpower supply services to various State Government departm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the offence, the applicant may be granted regular bail with the imposition of suitable conditions. 4. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Therefore, the present application may be dismissed. 5. Learned advocate appearing for the respondent No.2 has vehemently opposed the present application stating that the applicant, as Director of Xerxes HR Services Pvt. Ltd., oversees the company's operations, and that investigations revealed the company collected approximately Rs. 8.90 Crores in taxes from government clients without remitting it to the government. This is evidenced by the company's bank accounts and confirmations from govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 are required to be considered. 7. I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered: (1) Investigation is over; (2) The offence is punishable by a maximum of five years and the offence is not punishable by life imprisonment or death penalty and no chance of flight risk. (3) The allegations aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d jail is exception" as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration. 9. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant/s in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant/s on regular bail. Hence, the present application is allowed. The applicant/s is/are ordered to be released on regular bail in connection with FIR being F. No. GEXCOM/SAI/MISC/199/2022-SI registered at Superintendent (AE) Central GST, Gandhinagar on executing a personal bond of Rs. 25,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll deposit Rs. 90,00,000/- (Ninety Lakh Rupees) within a period of seven days from the date of applicant's release. 10. The authorities will release the applicant/s only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. 11. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. 12 At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stag ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
