Page 59 - GSTL_11th June 2020_Vol 37_Part 2
P. 59

2020 (37) G.S.T.L. 145 (Guj.)
                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                             A.J. Desai, J.
                                   KAMLESH SUVALAL SONI

                                                Versus
                                       STATE OF GUJARAT
                     R/Criminal Misc. Application No. 16662 of 2019, decided on 13-9-2019
                       Bail - Grant of - Charges under Sections 132(1)(b) and 132(1)(c) of Cen-
               tral Goods and Services Tax Act, 2017 - Maximum sentence  of five years -
               Almost 55 days from arrest no complaint filed - No request made for remand
               and investigation almost over - HELD : Considering alleged offence and nature
               of allegations in FIR, it was fit case to grant bail on executing of bond and sub-
               ject to conditions. [paras 7, 8]
                                                                    Application allowed
                       REPRESENTED BY :     S/Shri N.D. Nanavaty, Senior Advocate with Chetan
                                            K. Pandya, for the Applicant.
                                            Ms. Krina Calla, APP and Shri Ankit Shah, for the
                                            Respondent.
                       [Order (Oral)]. - This application is filed under Section 439 of the Code of
               Criminal  Procedure for regular  bail in connection with  File No.
               DGGI/AZU/GR.D/12(4)-30/2019-20 registered with Directorate General of GST Intelli-
               gence, Zonal Unit, Ahmedabad for the offences punishable under Sections 132(1)(b)
               and 132(1)(c) of the Central Goods and Services Tax Act, 2017.
                       2.  Pursuant to the notice issued by this Court, Learned Standing Coun-
               sel Mr. Ankit Shah has appeared for respondent No. 2 and has opposed grant of
               any relief as prayed for.
                       3.  Mr. N.D. Nanavaty,  Learned  Senior Counsel  appearing with Mr.
               Chetan K. Pandya, Learned Advocate  appearing  for the applicant, on instruc-
               tions, states that the applicant is ready and willing to file an undertaking to the
               effect that he shall not transfer or alienate or in any manner create third party
               rights over those immovable properties which belong to him and shall also sup-
               ply the details of all the immovable properties belonging to the applicant to the
               Directorate  General of GST Intelligence, Zonal  Unit, Ahmedabad. He further
               states that the immovable properties referred to in the undertaking shall not be

                                     GST LAW TIMES      11th June 2020      59
   54   55   56   57   58   59   60   61   62   63   64