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RAKESH THAPLIYAL
Mohd. Shahnawaz Hussain – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT (ORAL)
The instant Criminal Miscellaneous Application has been preferred by the applicant under Section 482 CrPC assailing the order dated 27.05.2024, passed by the learned District and Sessions Judge, Rudrapur, District Udham Singh Nagar in Miscellaneous Application No.87 of 2024, preferred on behalf of the State Tax Department under Section 439(2) CrPC, whereby, the bail granted to the applicant by order dated 05.03.2024 in Second Bail Application No. 359 of 2024 was cancelled and the applicant was directed to surrender.
2. Brief facts of the case are that the Deputy Commissioner, Special Investigation Branch (GST-State) being a “proper officer” under the provisions of Uttarakhand Goods and Services Act, 2017 and authorized to file the complaint preferred a complaint on 18.12.2023 in the Court of Chief Judicial Magistrate, Udham Singh Nagar, which was registered as a Complaint Case No. 818/STB/RDP /03/03/2023, against the present applicant for the offences punishable under Sections 132(1)(b), 132(1)(c) and 132(1) of Uttarakhand Goods and Service Tax Act/The Central Goods and Service Tax Act, 2017.
3. Before filing the said complaint, the competent authority, Commissioner
Cancellation of bail – Bail obtained by misrepresenting as well as by suppressing material facts, is always liable to be cancelled.
Bail can be cancelled if obtained through misrepresentation, especially in cases involving serious economic offences.
The court emphasized the limitations on the court's power to cancel bail and the need for strong and substantive reasons to arrest a person who is set at liberty by admitting him to bail.
Cancellation of bail requires substantial grounds indicating misuse or misconduct; mere allegations of injustice without evidence do not suffice for revocation.
The court ruled that economic offences require a stringent approach in bail matters, emphasizing the gravity of allegations and evidence against the accused.
The court affirmed that bail may be cancelled if prior decisions overlook critical evidence regarding the accused's conduct, criminal history, and the potential risk posed to victims.
Economic offenses require a distinct approach in bail considerations, emphasizing the seriousness of the allegations and the evidence of wrongdoing.
Bail should not be cancelled without supervening circumstances that are not conducive to a fair trial, and cogent reasons are required to justify the cancellation of bail.
Rejection of bail in a non-bailable case at an initial stage and cancellation of bail so granted has to be dealt with and considered on different basis – Very cogent and overwhelming circumstances ar....
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