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JASGURPREET SINGH PURI
Kawaljot Singh – Appellant
Versus
Superintendent Preventive Central Goods and Service Tax – Respondent
| Table of Content |
|---|
| 1. bail petition details under gst act (Para 1) |
| 2. arguments regarding parity in bail applications (Para 2 , 3) |
| 3. court's considerations on bail grant (Para 4 , 5) |
| 4. decision to grant bail based on circumstances (Para 6) |
| 5. bail granted with caveats (Para 7 , 8) |
JUDGMENT
Mr. Jasgurpreet Singh Puri, J. (Oral)
The present is a second petition filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in complaint No. COMA/15650/2021 dated 29.11.2021, titled as Superintendent (Anti Evasion) Central Goods & Services Tax v. Gurbax Lal @ Happy Nagpal & others, under Section 132 of the Central Goods & Services Tax Act, 2017 and Section 132 of the Punjab Goods & Services Tax Act, 2017 read with Section 20 of the Integrated Goods & Services Tax Act, 2017 (Later on added offence under Section 132 (1) (b,c & 1) of CGST Act, 2017 and Section (1) (i) of Section 132 of Central Goods and Services Tax Act, 2017 and corresponding provisions of Punjab State Goods and Service Tax Act, 2017 read with Section 20 of the Integrated Goods and Services Tax Act, 2017).
2. Learned counsel for the petitioner has submitted that the petitioner is in custody
Unjust denial of bail despite identical allegations in a previous complaint and subsequent filing of a second complaint.
The court reaffirmed that bail in economic offences must adhere to legal classifications; deposit of funds does not alter the non-bailable nature of offences exceeding specified monetary thresholds.
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.
The court emphasized that bail should not be denied based solely on the seriousness of charges, balancing individual liberty with societal interests.
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