HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Second Bail Application No.

10359/2021

Sumit Dutta S/o Shri Vinod Dutta Partner Msr Veto Merchandise

Jaipur, R/o Wz-533 Shiv Nagar Gali No. 28 New Delhi (Currently

Confined To Central Jail Jaipur )

----Petitioner

Versus

Union Of India, Through Superintendent Anti Evasion Central

Goods And Service Tax Department Ncrb Statue Circle C-Scheme

Jaipur

----Respondent

For Petitioner(s)

:

Mr. Sarvesh Jain

For Respondent(s)

:

Mr. Siddharth Ranka

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Order

16/07/2021

1.

Petitioner has filed this second bail application under Section

439 of Cr.P.C.

2.

Complaint File No.IV(06)157/AE/JPR/2020 was registered at

CGST and Central Excise Commissionerate, Jaipur for offence

under Sections 132(1)(b) & (c) of the CGST Act, 2017, read with

Sections 132(1)(i) and Sub Section (5) of the Act.

3.

It is contended by counsel for the petitioner that petitioner

wants to press his alternate prayer for interim bail on account of

medical condition of petitioner’s father. It is contended that

petitioner’s father is aged 67 years, who requires angiography. It

is contended that petitioner’s father is under going treatment at

Amer Leela Hospital & Heart Centre in New Delhi.

(2 of 3)

[CRLMB-10359/2021]

4.

Learned counsel for the Union of India has opposed the

interim bail application. It is contended that angiography has been

postponed. A letter of hospital dated 14.07.2021 has been

produced before the Court.

5.

I have considered the contentions and have perused the

letter dated 14.07.2021.

6.

As per the above letter, petitioner’s father is suffering from

Pleural Extension with T.B. Chest and for that reason, the

angiography was postponed. Angiography was also postponed as

the patient having altered sensorium with depression.

7.

Considering the contentions put forth by counsel for the

petitioner and the medical condition of petitioner’s father and the

fact that he requires treatment, I deem it proper to allow the

prayer for interim bail.

8.

The prayer for interim bail is accordingly, allowed and it is

directed that accused petitioner shall be released on interim bail

for a period of two months, provided he furnishes a personal bond

in the sum of Rs.1,00,000/- (Rupees One Lac only) together with

two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand

only) each to the satisfaction of the learned trial court with the

stipulation that he shall appear before that Court and any court to

which the matter is transferred, on all subsequent dates of hearing

and as and when called upon to do so.

9.

Petitioner is directed to surrender before the concerned jail

Authorities on or before 18.09.2021.

(3 of 3)

[CRLMB-10359/2021]

10.

However, it is made clear that if operation of angiography of

the petitioner’s father is not done in the intervening period,

petitioner would not be entitled for further extension of interim

bail.

11.

As far as main bail application is concerned, the same is

dismissed.

(PANKAJ BHANDARI),J

CHANDAN /20