Page 94 - GSTL_21st May 2020_Vol 36_Part 3

340 GST LAW TIMES [ Vol. 36
case of an outbreak of corona virus in the prisons, spread of disease is man-
ageable - Direction cannot be treated as a windfall for all the prisoners even
when no imminent threat or apprehension within the jail premises as on date
as regards spread of pandemic - Drastic reduction in prisoner intake after an-
nouncement of lockdown - No congestion in jail wherein petitioner lodged
and no reported case of COVID-19 within jail premises - State of Bihar not
releasing any of the prisoners as jails are not congested - In view of nature and
gravity of offence and the amount involved not appropriate to grant interim
bail to the petitioner - Direction to Superintendent of Jail to ensure that all
required cautions and safeguards are duly adhered to whenever any new in-
mate is admitted to jail - Sections 69 and 132 of Central Goods and Services
Tax Act, 2017 - Section 439 of Code of Criminal Procedure, 1973. [paras 6, 7, 8, 9,
10, 11, 12]
Application dismissed
CASES CITED
I.A. No. 48260 of 2020 and Suo Motu Writ Petition (Civil) No. 1 of 2020,
decided on 13-4-2020 — Referred ............................................................................................. [Paras 6, 7]
Order dated 23-3-2020 of Supreme Court — Referred ............................................................... [Paras 6, 7, 11]
REPRESENTED BY : Shri Jagmohan Bansal, Advocate, for the Petitioner.
Shri Gaurav Dhuriwala, Sr. DAG, for the
Respondent.
[Order]. - The petitioners, against whom there are allegations of having
caused loss to State-Exchequer to the tune of ` 20 crores appx. by evasion of
payment of GST, seek grant of interim bail, mainly on account of the prevelant
conditions of spread of COVID-19 virus.
2. It has been contended on behalf of the petitioners that since a large
number of inmates are confined in New District Jail, Nabha and the threat of
spread of pandemic COVID-19 still looms large and since a policy has in fact
been framed by the State Government for release of prisoners, the present peti-
tioners deserve to be released on bail in terms of the policy. The Learned Counsel
while referring to the policy (Annexure P-2) has submitted that as per the said
policy the under-trials against whom cases have been registered for offences
punishable for imprisonment for a period upto 7 years, are entitled to be released
on bail and that the petitioners against whom a complaint has been filed under
Section 132 of GST Act 2017, which is punishable for a maximum sentence of 5
years, would be fully covered under the said policy.
3. Opposing the petition, the Learned State Counsel submitted that
keeping in view the huge amount involved in the present case i.e. ` 20 crores, the
offence in question assumes enormity. It has further been submitted that the or-
der dated 23-3-2020 of the Supreme Court would not vest the petitioners with
any absolute right for their release on bail as also been clarified by Hon’ble Su-
preme Court itself. The Learned State Counsel has pointed out that in further-
ance to decision taken by the high-powered committee constituted pursuant to
directions of the Supreme Court, a large number of prisoners have already been
released on parole or on interim bail and there is no longer any congestion in the
jails. It has further been submitted that as on date there is no reported case of
COVID-19 in the jail premises so as to pose any threat of spread of COVID-19 in
Jail and as such the apprehension of the petitioners of contracting the virus with-
in jail premises is misconceived.
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