HARPREET SINGH BRAR
Pawan Kumar – Appellant
Versus
Inspector (Preventive), Central Goods and Services Tax – Respondent
JUDGMENT :
Mr. Harpreet Singh Brar, J.
1. Present petition is preferred by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking quashing of the order dated 23.02.2024 (Annexure P-11) passed by learned Additional Sessions Judge, Ludhiana, whereby the petition praying for relaxation of conditions prescribed for grant of default bail, imposed by learned Chief Judicial Magistrate, Ludhiana, vide order dated 15.03.2021 (Annexure P-1), has been dismissed.
FACTUAL MATRIX
2. The facts, tersely put, are that the petitioner was implicated as an accused in a complaint under Section 132 (1)(b) & (c) punishable under Section 132 (1)(i) of the Central Goods and Services Tax Act, 2017 (for short ‘CGST Act’) read with the corresponding provisions of the Punjab Goods and Services Tax Act, 2007 (for short ‘PGST Act’), and the Integrated Goods and Services Tax Act, 2017 (for short ‘IGST Act’). According to the allegations in the complaint, co-accused Sahil Jain was the principal orchestrator of a fraudulent scheme involving fake transactions. He allegedly created 14 firms in the names of his family members and close associates, designating them as propr
In Re Policy Strategy for Grant of Bail
Hussainara Khatoon and others vs. Home Secretary, State of Bihar
Rakesh Kumar Paul Vs. State of Assam
Bikramjit Singh Vs. State of Punjab
Excessive bail conditions infringe personal liberty and violate the constitutional right to a fair trial under Article 21.
The right to seek default bail under Section 167(2) Cr.P.C. is a fundamental right and not merely a statutory right, which flows from Article 21 of the Constitution of India. The duty of the concerne....
The discretion of the court to impose conditions for bail under Section 167(2) Cr.PC should be exercised based on the nature of the offence and the specific circumstances of the case.
The right to a speedy trial under Article 21 mandates release under Section 436-A of the CrPC after serving half of the maximum imprisonment period, regardless of the nature of the offence.
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond half of the maximum sentence without trial, warranting bail under Section 436-A ....
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond one-half of the maximum imprisonment period without trial, leading to bail being....
Prolonged pre-trial incarceration may justify bail under NDPS Act when there is no substantial evidence against the accused and the right to personal liberty under Article 21 is violated.
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