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NARENDRA SINGH DHADDHA
Mohammed Ali Akram Khan – Appellant
Versus
Union of India – Respondent
ORDER :
1. The present bail application has been filed under Section 439 Cr.P.C. arising out of complaint No. DGGI/INV/GST/227/2022-GR- D-O/O ADG-DGGI-ZU-JAIPUR for the offence(s) under Sections 132 (1) (b), (f), (h), (j) & (l) of Central Goods and Services Tax Act, 2017.
2. Learned counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. He is behind the bars since 03.08.2022. Charge-sheet has been filed against the petitioner. Learned counsel for the petitioner further submits that offence against the petitioner is triable by Magistrate, compoundable and having maximum punishment of 5 years. Learned counsel for the petitioner further submits that before arrest, no summon or demand notice was given to the petitioner. Learned counsel for the petitioner further submits that Mohammad Shadab Kadri is kingpin in this case. Petitioner has nothing to do with the alleged offence. Conclusion of trial may take long time. Hence, the petitioner may be enlarged on bail.
3. Learned counsel for the petitioner has placed reliance upon the following judgments: (1) Dipanshu Gupta v. Union of India in S.B. Criminal Misc. Bail Application No. 3399/2022 decided on
The court held that bail may be granted in economic offences if the accused has no criminal antecedents and has been in custody for a considerable time, despite the seriousness of the allegations.
The court established that personal liberty must be protected and that the gravity of the offence alone cannot justify denial of bail.
Economic offences, especially involving large sums and serious allegations, require stringent scrutiny of the accused's conduct, including attempts to abscond and prior criminal history, to deny bail....
The court granted bail under Section 439 Cr.P.C. due to the applicant's lack of criminal antecedents and the nature of the offence being compoundable.
Any offence under this Act may, either before or after institution of prosecution, be compounded by Commissioner on payment, by person accused of the offence, to Central Government or State Governmen....
The court established that in cases of economic offences, while the gravity of the allegations is significant, the presumption of innocence and the nature of evidence must also be considered when dec....
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