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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Kanwar Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
1. The prayer in the present petition under Section 439 Cr.P.C. is for the grant of regular bail in case bearing FIR No.1167 dated 26.11.2018 registered under Sections 406, 409, 419, 420, 465, 467, 468, 471, 114 and 120-B IPC, 1860 at Police Station City Sirsa, District Sirsa.2. The present FIR came to be registered at the instance of Satyawala, Dy. Excise Taxation Commissioner (ST) Sirsa and reads as under:-
"Office of The Supdt. of Police Dairy 5557 dt. 23.10.18 Sirsa-125055(Hry). From Dy Excise Taxation Commissioner (ST) To The Superintendent of Police, Sirsa. No. 4971/IT Dated 23.10.18. Subject:- To lodge an FIR Against Sh. Ashok Sukhija, Excise Taxation Officer (Retired) and other proprietors of firms. Shri Ashok Sukhija, ETO (Retired) during his posting at Sirsa from 2.7.2013 to 25.8.2014 issued 93 refunds. Shri Vinod Kumar S/o Sh. Hari Singh made a complaint against Sh. Ashok Sukhija which was marked to Sh. Ashok Sharma (the then Additional Excise and Taxation Commissioner), for preliminary enquiry Sh. Ashok Sharma submitted report dated 7.2.2014. Further, departmental enquiry under rule 7 was initiated' against Sh. Ashok Sukhija and Sh. R.P.Baj
Any offence under this Act may, either before or after institution of prosecution, be compounded by Commissioner on payment, by person accused of the offence, to Central Government or State Governmen....
The severity of economic offences, the nature of evidence, and the larger interests of the public are crucial factors in determining bail under Section 132 of the Central Goods and Services Tax Act, ....
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 main legal point established in the judgment is that the court may grant bail considering factors such as the length of custody, maximum punishment, completion of investigation, and absence of cr....
The court established that economic offences, while serious, do not preclude bail if the investigation is complete and the accused have no prior criminal history.
Bail is the rule and denial is the exception; economic offences require careful consideration of evidence and the nature of accusations.
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