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AVNEESH JHINGAN
Sanjeev Sharma – Appellant
Versus
Commissioner, CGST, Gurugram – Respondent
JUDGMENT
Mr. Avneesh Jhingan, J. (Oral)
This petition under Section 439 Cr.P.C. is filed seeking regular bail in FIR mentioned below :-
| Case No. | Date | Police Station | Sections |
| COMA/86 | 16.7.2022 | Sadar, Gurugram, District Gurugram | 132(1)(i) read with Section 132 (1)(c)(e)(f) of Central Goods and Service Tax Act, 2017 |
2. Learned counsel for the petitioner claims parity with co-accused Lalit Dogra who was granted regular bail by this court on 21.3.2023 in CRM-M-5633-2023.
3. On 21.3.2023, the following order was passed :-
The seriousness of the allegations and the amount involved can influence the court's decision on granting bail, considering the duration of the petitioner's custody.
Bail is the rule and denial is the exception; economic offences require careful consideration of evidence and the nature of accusations.
Detention without substantial evidence and the principle of equal treatment in bail applications necessitate granting bail, especially when co-accused are already released.
Accused granted bail due to prolonged custody, lack of evidence, and the trial's lengthy nature, emphasizing the maintainability of the FIR will be adjudicated in trial.
The severity of economic offences, the nature of evidence, and the larger interests of the public are crucial factors in determining bail under Section 132 of the Central Goods and Services Tax Act, ....
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