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JASGURPREET SINGH PURI
Ashu Gupta – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. bail petition under criminal procedure. (Para 1) |
| 2. arguments on custody duration and nature of alleged offense. (Para 2 , 3 , 6 , 9) |
| 3. arguments regarding the legality of fir under gst act. (Para 4 , 5 , 7 , 8 , 11) |
| 4. court's considerations on denying bail. (Para 10 , 12) |
| 5. observations not impacting case merits. (Para 13) |
JUDGMENT
Mr. Jasgurpreet Singh Puri, J. (Oral)
The present is a second petition filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioner in FIR No.123 dated 09.08.2019, under Sections 420 , 467, 468, 471 IPC and Section 132 of the Goods & Services Tax Act, 2017 added later on, registered at Police Station Sector 20, Panchkula.
2. It has been submitted by learned senior counsel for the petitioner that the petitioner is in custody for the last one year and investigation of the case has been completed and thereafter the challan has been presented before the competent Court but charges have not been framed till date.
3. Learned senior counsel for the petitioner submitted that the present is the second bail petition filed by the petitioner and his earlier bail petition in CRM-M-23068 of 2022 was dismiss
The pendency of multiple FIRs against an accused does not justify the denial of bail if no incriminating evidence is presented.
The court ruled that continued custody of the petitioner was unnecessary given the nature of the evidence and the duration of detention, allowing for bail under Section 439 of the Cr.P.C.
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 court emphasized the necessity of substantial evidence for serious charges under the GST Act and the accused's right to a fair trial.
The court considered the evidence, duration of custody, and bail granted to co-accused in deciding to grant bail to the petitioner.
Indefinite incarceration is unjustified even in serious allegations; bail granted when continued custody serves no useful purpose.
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