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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
PANKAJ JAIN
Padam Bansal – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Pankaj Jain, J. (Oral)
This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.645 dated 24.10.2020 registered for the offences punishable under Sections 406, 409, 419, 420, 465, 467, 468, 471 & 120-B of the Indian Penal Code, 1860 at Police Station City Sirsa, District Sirsa.2. Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.
3. Counsel for the petitioner submits that the prime accused Amit Bansal stands admitted to bail vide order dated 08.02.2024, observing as under:-
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3. Counsel for the petitioner(s) submits that the matters relate to evasion of tax under Haryana VAT Act and in light of Section 37 read with Section 38, petitioners ought not have been booked for offences punishable under IPC.
4. The legislature in its own wisdom has excluded the jurisdiction of police authorities and provisions of Indian Penal Code. It is evident from the fact that the officer though has been provided with power under 1973 Code, but there is no power of custodial interrogation. The legislature has provided specific penal provisions in VAT Act, which is a complete code in it
The court emphasized the right to bail in economic offences, balancing the seriousness of charges with the presumption of innocence and the right to a speedy trial under Article 21.
The court established that in cases of economic offences, while the gravity of the allegations is significant, the presumption of innocence and the nature of evidence must also be considered when dec....
The main legal point established in the judgment is that the presumption of innocence lies in favor of the accused, and the object of bail is to secure appearance at trial. The judgment also emphasiz....
In economic offences, bail is not a right; the burden rests on the applicant to show no risk of interference with justice or likelihood of guilt, reinforced by the position of the accused.
Bail is not to be withheld as a punishment, and there is no justification for classifying offences into different categories and refusing bail on that ground.
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