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2022 Supreme(P&H) 165

ANOOP CHITKARA
Shrawan – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Vinod Ghai, Sr. Advocate with Ms. Kanika Ahuja, Advocate, for the Appellant; Ms. Mamta Singla Talwar, DAG, Haryana, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

160

30.04.2019

Civil Line Sonipat,

District Sonipat

420, 467, 468, 471, 120-B IPC and 132 GST Act

 1. The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2. In paragraphs 23 and 24 of the bail petition, the accused declares that he has no criminal antecedents.

3. The allegations are of fraud related to GST invoices.

4. Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

5. Ld. counsel representing the State opposes bail.

REASONING:

6. A perusal of para 6 of the status report filed by concerned DySP, it is revealed that the petitioner had confessed during his interrogation that a sum of Rs.10 lacs had fallen to his share. The petitioner is in custody since 26-01-2022, i.e., for five months. Given the period of incarceration viz-a-viz the amount fallen to the petitioner's share, coupled with the petitioner being a senior citizen, further pre-trial incarceration might not be justiciable.

7. In Gurbaksh Singh Sibbia v State of Pun

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