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SUPREME COURT OF INDIA
ABHAY S.OKA AND UJJAL BHUYAN, JJ.
Vineet Jain – Appellant
Versus
Union Of India
Criminal Appeal No.2269 of 2025 (Arising Out of SLP. (Criminal) No.4349 of 2025)
Decided on : 28-04-2025
| Table of Content |
|---|
| 1. denial of bail despite minor offences (Para 3) |
| 2. observation on bail granting principles (Para 4) |
| 3. grant of bail and appeal allowance (Para 5) |
ORDER :
1. Leave granted.
2. Heard the learned counsel appearing for the appellant and the learned Additional Solicitor General appearing for the respondent-Union of India.
3. The offences alleged against the appellant are under Clauses (c), (f) and (h) of Section 132 (1) of the Central Goods and Services Tax Act, 2017. The maximum sentence is of 5 years with fine. A charge-sheet has been filed. The appellant is in custody for a period of almost 7 months. The case is triable by a Court of a Judicial Magistrate. The sentence is limited and in any case, the prosecution is based on documentary evidence.
There are no antecedents
4. We are surprised to note that in a case like this, the appellant has been denied the benefit of bail at all levels, including the High Court and ultimately, he was forced to approach this Court. These are the cases where in normal course, before the Trial Courts, the accused should get bail unless there are some extra ordinary circumstances.
5. By setting aside the impugned order dated 24th January, 2025 of the High Court of Judicature for Rajasthan, Bench at Jaipur, we grant bail to the appellant. The appellant shall be immediately produced before the Trial Court and the Trial Court shall enlarge him on bail on appropriate terms and conditions till the conclusion of the trial.
The appeal is accordingly allowed.
Bail – Bail can be granted keeping in view long period of custody.
Bail – Breach of conditions on which bail has been granted may lead to withdrawal of benefit granted.
The court granted bail based on the acknowledgment that the charges were triable by a Magistrate.
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