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2022 Supreme(P&H) 1405

AVNEESH JHINGAN
Rajinder Singh @ Lovely – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
APS Deol, Advocate, Himmat Singh Deol, Advocate, P. S. Paul, Advocate, J. S. Bedi, Advocate, Pooja Chopra, Advocate, Kumar Vishav Aggarwal, Advocate, Swaranjeet Kaur, Advocate, Gaurav Garg Dhuriwala, Advocate

Judgement Key Points

Key Points: - The petitioners were granted regular bail because investigation was complete and challan presented, with expected trial delay due to awaited prosecution sanction for co-accused. (!) (!) - The case concerns large scale evasion of GST in Punjab; bail considered on grounds of completion of investigation and probable trial delay due to sanction pending for co-accused. (!) (!) - Bail granted subject to furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate. (!) (!) - Co-accused had already been granted bail by this court, with the sanction to prosecute the officials of the department still awaited. (!) [23000805810004] - Observations/clarifications: not an expression on merits; pending applications in disposed petitions become infructuous. [23000805810005] (!)

What is the scope of bail in cases of large scale GST evasion where investigation is complete but trial is delayed due to awaited prosecution sanction for co-accused?

What is the court's reasoning for granting bail based on completion of investigation and potential trial delay due to pending sanction for co-accused?

What are the conditions or safeguards imposed on bail in such situations?


JUDGMENT

Avneesh Jhingan, J. - These seven petitions are filed seeking regular bail in FIR No. 8 dated 21.8.2020, under Sections 7, 7(a), 8 of the Prevention of Corruption Act, 1988 and Sections 420, 465, 467, 468, 471, 201, 120-B

  • Indian Penal Code, 1860 — Section
  • registered at Police Station Vigilance Bureau, Phase-I, SAS Nagar, Mohali.

    The names of the petitioners and their custody period is tabulated below:

    Sr. No

    Name of the petitioner

    Date of arrest

    1.

    Rajinder Singh @ Lovely

    2.8.2022

    2.

    Avtar Singh

    13.9.2022

    3.

    Pawan Kumar Sharma @ Kala Pandit

    12.9.2022

    4.

    Sachin Kumar

    12.9.2022

    5.

    Randhir Singh

    13.9.2022

    6.

    Balwinder Singh

    12.9.2022

    7.

    Ajay Kumar

    13.9.2022

    2. The FIR was result of information received that there was a large scale evasion of Goods & Services Tax (for short, 'GST') in the State of Punjab. Acting on the information after taking due permission, mobile phones of some of the co-accused were tapped. On the basis of the information collected, some officials of the GST Department, traders, transporters and persons like the petitioners alleged to be passers were nominated. As per the case set up, monthly bribes were being paid to the officials of the GST Department. In connivance, sales and pu

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