Back
RAJBIR SEHRAWAT
Yash Pal Jindal – Appellant
Versus
State of UT, Chandigarh – Respondent
JUDGMENT
Mr. Rajbir Sehrawat, J. (Oral)
The present petition has been filed by the petitioner under Section 439 Cr.PC. seeking bail pending trial in case FIR No.385 dated 13.12.2019 under Sections 420 , 467, 468, 120B and 471 of IPC, registered at Police Station Central Sector-17, Chandigarh (Annexure P-1).
2. It is submitted by the counsel for the Petitioner that the case against the petitioner is totally concocted and fabricated. The petitioner is not involved in the crime at all. Even as per the story of the prosecution, petitioner is alleged to have issued fake bills in lieu of 5% commission of GST refunds claimed by the various traders through these bills. The petitioner is not alleged to have got any benefit directly from the GST department or any other government department in the transactions. Petitioner is in custody since 10.12.2022 and he is not required for any further investigation. Hence, the petitioner deserves to be released on bail pending trial.
3. On the other hand, learned counsel for the UT, Chandigarh, being instructed by Inspector Shiv Charan, submits that the petitioner is involved in a heinous crime. She further submits that petitioner is part of the group of
Indefinite incarceration is unjustified even in serious allegations; bail granted when continued custody serves no useful purpose.
Indefinite custody is unjustified when allegations are unadjudicated; bail granted to the petitioner.
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 pendency of multiple FIRs against an accused does not justify the denial of bail if no incriminating evidence is presented.
The court established that personal liberty must be protected and that the gravity of the offence alone cannot justify denial of bail.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
