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JASGURPREET SINGH PURI
Harsimranjot Singh Bambhi – Appellant
Versus
Superintendent Preventive Central Goods & Services Tax – Respondent
| Table of Content |
|---|
| 1. jurisdiction and the context of bail application. (Para 1) |
| 2. arguments regarding duration of custody and nature of charges. (Para 2 , 3) |
| 3. court's analysis of custody duration and trial status. (Para 4 , 5) |
| 4. granting bail and clarifications on court's observations. (Para 6 , 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.
2. Learned counsel for the petitioner has submitted that the petitioner is in custody from 07.10.2021 which is more 1 year and 4 months and the case is still at the summoning stage on the basis of the complaint filed by the GST authorities. He submitted that there are number of accused in the present case and two co-accused namely, Rohit Mehta and Gurbax La
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.
Unjust denial of bail despite identical allegations in a previous complaint and subsequent filing of a second complaint.
The court emphasized that bail should not be denied based solely on the seriousness of charges, balancing individual liberty with societal interests.
Bail cannot be denied based solely on pending investigations of co-accused; each case must be evaluated individually, considering the right to a speedy trial as a fundamental right.
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