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AMAN CHAUDHARY
Durga Madhab Panda – Appellant
Versus
Commissioner of CGST, Gurugram – Respondent
| Table of Content |
|---|
| 1. petitioner's bail petition under section 439 cr.p.c. (Para 1 , 2) |
| 2. opposing arguments regarding fraudulent credit. (Para 3) |
| 3. criteria for bail consideration from supreme court judgment. (Para 5 , 6) |
| 4. conditions for granting bail and consequences of violations. (Para 7 , 8 , 9) |
| 5. no final opinion on merits; trial proceeds independently. (Para 10) |
JUDGMENT
Mr. Aman Chaudhary, J.
The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in respect of Complaint No.85/2022 dated 10.03.2022, under Sections 132 (i) (c) & (e) read with Section 16 (2) of CGST Act, 2017, District Gurugram, Haryana.
2. Learned counsel contends that the petitioner is in custody since 07.05.2022. It is his submission that the sentence for offence alleged against the petitioner is 5 years and is triable by a Magistrate. The firm of the petitioner was found existing at the additional place of business as per the notes prepared during the visits conducted on the premises which is reflected in the complaint itself. Challan was presented on 06.07.2022, however, charges are yet to be framed. In all there are 20 witnesses.
3. Learned Senior Standi
The grant of bail is the rule, and refusal is the exception, but the gravity of the offence and the consequences on society must be considered. The court must balance the competing forces present in ....
The main legal point established in the judgment is that the object of bail is to secure the accused's appearance at trial, and the delay in concluding the trial should be considered in bail applicat....
The court emphasized that bail should not be denied based solely on the seriousness of charges, balancing individual liberty with societal interests.
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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