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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANOOP KUMAR DHAND
Nirmal Kumar Sharma, S/o. Ram Swroop Sharma – Appellant
Versus
Union Of India, Through Its Superintendent (Tax Evasion Branch) CGST And Central Excise Commissionerate, Jaipur – Respondent
| Table of Content |
|---|
| 1. petition challenging arrest warrant issued. (Para 1) |
| 2. arguments for and against arrest warrants. (Para 2 , 3) |
| 3. nature and seriousness of economic offences. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 4. guidelines for granting bail in economic cases. (Para 10 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. judicial discretion on non-bailable warrants. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 6. need to refer conflicting views to larger bench. (Para 25 , 26 , 27 , 28 , 29) |
| 7. referral to larger bench for important question. (Para 30) |
Order :
ANOOP KUMAR DHAND, J.
1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 11.03.2025 passed by the Additional Chief Judicial Magistrate (Economic Offences) Jaipur Metropolitan-II in criminal case No. 15/2024 by which the application submitted by the petitioner under Section 70 (2) Cr.P.C for conversion of arrest warrants into bailable warrants has been rejected.
2. Counsel for the petitioner submits that a complaint under Section 132 (1) (B)(C)(L) of the CGST Act, 2017 read with (1)(i) of the Customs Act, 1962 has been filed against the petitioner. Counsel for the petitioner submits that during the c
Economic offences are distinct and require strict handling in matters of bail; conflicting views on warrant issuance must be resolved by a larger bench.
Non-bailable warrants should not be issued as a first resort; summons or bailable warrants are preferred unless there is a likelihood of the accused evading the law.
Non-bailable warrants should not be issued unless the accused is likely to evade the law or tamper with evidence; summons or bailable warrants are preferred initially.
The court affirmed that under the PML Act, the burden of proof lies with the accused, and economic offences necessitate a stringent approach in judicial proceedings.
The seriousness of economic offences, the burden of proof under Section 24 of the PML Act, and the discretion of the trial court in issuing non-bailable warrants under Section 204 of the Code of Crim....
The court emphasized the right to bail in economic offences, balancing the seriousness of charges with the presumption of innocence and the right to a speedy trial under Article 21.
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