Page 67 - GSTL_23rd July 2020_Vol 38_Part 4

2020 (38) G.S.T.L. 433 (Raj.)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
Sanjeev Prakash Sharma, J.
MOHIT VIJAY
Versus
UNION OF INDIA
S.B. Criminal Miscellaneous Bail Application Nos. 7605 with 7642 of 2019,
decided on 2-6-2020
Bail - Offence under Sections 132(1)(b), 132(1)(c), 132(1)(f), 132(1)(j) and
132(1)(i) of Central Goods and Services Tax Act, 2017 - Complaint filed with
complete details before Chief Metropolitan Magistrate (Economic Offences),
Jaipur - No further documents required to be produced apart from any other
document, which may be required subsequently - Recovery required to be
made against accused petitioners, to be under provisions of GST Act, which
are not part of criminal case - Apprehension to effect that petitioners would be
in able to effect and threaten witnesses, not made out - Also, although offence
alleged against accused petitioners, compoundable, no process for compound-
ing of offence undertaken by either of party - As petitioners behind bars, no
proceeding for compounding offence could be taken - Petitioners in jail for
last 450 days and no further investigation or recovery to be made for purpose
of case - Petitioners may be released on bail with condition as laid down by
Apex Court in Sanjay Chandra v. Central Bureau of Investigation - Section 439
of Code of Criminal Procedure, 1973. [paras 10, 11, 12, 13, 14, 15, 16]
Bail granted
CASES CITED
Gaurav Maheshwari v. State — S.B. Criminal Misc. Bail Application No. 1422 of 2020,
decided on 13-5-2020 by Rajasthan High Court — Referred ..................................................... [Para 5]
Gaurav Maheshwari v. State — 2020 (38) G.S.T.L. 178 (Raj.) — Referred .......................................... [Para 5]
Rajesh Arora v. State — S.B. Criminal Bail Application No. 3987 of 2020,
decided on 26-5-2020 by Rajasthan High Court — Referred ..................................................... [Para 8]
Sanjay Chandra v. Central Bureau of Investigation — (2012) 1 SCC 40 — Followed ......... [Paras 5, 10, 15]
REPRESENTED BY : Shri Sameer Jain, for the Petitioner.
Shri Siddarth Ranka, for the Respondent.
[Order]. - These bail applications have been filed under Section 439 of
CrPC in connection with Criminal Complaint filed at Chief Metropolitan Magis-
trate (Economic Offences), Jaipur (Raj.) for offence under Sections 132(1)(b), (c),
(f), (j) and (i) of the Central Goods and Services Tax Act, 2017.
GST LAW TIMES  23rd July 2020  67