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KULDEEP TIWARI
Rakesh Puri – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J. (Oral)
Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No.630 dated 25.06.2019, under Sections 420, 467, 468, 471, 201 of the IPC, registered at P.S. Chandni Bagh, Panipat.
Factual Matrix
2. What constituted the bedrock for registration of the instant FIR, was a complaint dated 20.06.2019, as made by one Sunil Dhull, Proper Officer-cum-Excise Taxation Officer (State Tax), Panipat. Therefore, it is deemed imperative to extract the relevant portion of the said complaint, which is extracted hereinafter:-
The court granted bail based on the petitioner's lengthy incarceration and the slow progress of the trial, emphasizing that the decision does not affect the merits of the case.
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 serious nature of economic offences, affirming that bail is the exception, especially when substantial financial loss to the state is involved.
The court considered the evidence, duration of custody, and bail granted to co-accused in deciding to grant bail to the petitioner.
The principle of double jeopardy does not apply when offences under IPC and GST Act are distinct, emphasizing the serious nature of economic crimes.
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