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2024 Supreme(SC) 609

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Ashutosh Garg – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Talwant Singh, Snehasish Mukherjee, Anshu Davar, Sparsh Karnwal, Pulkit Agarwal, Arihant Jain, Chanchal Kaushik, Bhaskar Malakar.
For the Respondents: Vikramjit Banerjee, Gurmeet Singh Makker, Siddharth Sinha, Sanjay Kumar Tyagi.

ORDER :

1. The petitioner has been denied bail in connection with a complaint registered against him for offences punishable under Section 132(1)(b), (c), (f), (j) and (l) of the Central Goods and Services Tax Act 2017. The allegation is that the petitioner has set up certain fake firms and is involved in a fraud relating to payment of input tax.

2. The petitioner was arrested on 2 November 2023 and has been in custody for nearly nine months.

3. Notice was issued by this Court on 19 July 2024.

4. We have heard Mr. Talwant Singh, senior counsel appearing on behalf of the petitioner, and Mr. Vikramjit Banerjee, Additional Solicitor General appearing on behalf of the Union of India.

5. Bearing in mind that the offence carries a maximum punishment of five years of imprisonment and the period of custody already undergone, we do not consider it appropriate to keep the petitioner languishing in jail any further. The petitioner shall accordingly be released on bail, subject to such terms and conditions as may be imposed by the Trial Court.

6. The Special Leave Petition is disposed of.

7. Pending application, if any, stands disposed of.

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