Back
SAMEER JAIN
Sandeep Singhal – Appellant
Versus
Directorate General of Central Goods And Services Tax Intelligence, Jaipur – Respondent
ORDER :
(Sameer Jain, J.)
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicant. The accused-applicant was arrested in connection with File No. DGGJ/ INT/ INTL/289/2022- Gr-E registered at Directorate General of Goods & Services Tax Intelligence, Jaipur Zonal Unit under Section 132(1) (c)(f) read with Section 132(5) of the CGST Act, 2017.
2. Learned counsel for the applicant submits that the applicant, who has no criminal antecedents and who is the primary bread earner for his family, is wrongly implicated in the present matter. It is submitted that the offence alleged is triable by magistrate, as per Section 134 of CGST/RGST Act and charge sheet has already been filed. It is further submitted that the Commissioner (GST) is also empowered to compound the offence under Section 137 of CGST/RGST Act. It is further highlighted that all the witnesses in the case are government officials and therefore there is no likelihood of the present applicant influencing them. Further, one of the co-accused has also been enlarged on bail vide order dated 13.04.2022 in S.B. CRLMB No. 3399/2022. Learned counsel for the applicant has also relied upon follo
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.
The court reaffirmed that bail in economic offences must adhere to legal classifications; deposit of funds does not alter the non-bailable nature of offences exceeding specified monetary thresholds.
The court emphasized the requirement of reasons to believe and sound reasons for arrest under Section 69 of the CGST Act, and the need to balance personal liberty with the seriousness of economic off....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
