Page 70 - GSTL_23rd July 2020_Vol 38_Part 4

436 GST LAW TIMES [ Vol. 38
before the Ld. Special Judge, CBI, that fact should also be sup-
ported by an affidavit.
(e) We reserve liberty to the CBI to make an appropriate applica-
tion for modification/recalling the order passed by us, if for
any reason, the appellants violate any of the conditions im-
posed by this Court.”
11. Coming to the facts of the present case, this Court notices that the
complaint has already been filed with complete details before the Chief Metro-
politan Magistrate (Economic Offences), Jaipur, who is ceased with the matter
and the trial has commenced. The witnesses are in a huge number and the trial is
likely to take time. No further documents are required to be produced apart from
any other document, which may be required subsequently. The petitioners can-
not be said to be required for any further investigation and no recovery is re-
quired to be effected against them and their account has also been seized.
12. The recovery, which is required to be made as against the accused
petitioners, is under the provisions of GST Act, which are not part of the criminal
case.
13. The apprehension of Learned Counsel to the effect that the petition-
ers would be in able to effect and threaten the witnesses, is not made out as there
is no such statement placed on record where a witness has been taken before the
concerned Court of having been threaten.
14. This Court also notices that the offence alleged against the accused
petitioners is compoundable. However, no process for compounding the offence
has been undertaken by either of the party. However, Learned Counsel submits
that as the petitioners are behind bars, no proceeding for compounding the of-
fence could be taken.
15. Keeping in view that the petitioners are already in jail for 450 days
and no further investigation or recovery is to be made for the purpose of the case
(supra) and keeping in view the law laid down by the Apex Court as well as by
this Court as noticed above, I am inclined to release the petitioners on bail with
conditions as laid down by the Apex Court as noted above.
16. Taking into consideration the overall facts and circumstances of the
case, but without commenting on merits of the case, I deem it just and proper to
enlarge the petitioners subject to submitting a bail bond in the sum of
Rs. 1,00,000/- along with one surety of the like amount subject to the following
conditions.
“(a) The appellants shall not directly or indirectly make any induce-
ment, threat or promise to any person acquainted with the facts or
the case so as to dissuade him to disclose such facts to the Court or
to any other authority.
(b) They shall remain present before the Court on the dates fixed for
hearing of the case. If they want to remain absent, then they shall
take prior permission of the court and in case of unavoidable cir-
cumstances for remaining absent, they shall immediately give inti-
mation to the appropriate court and also to the Superintendent, CBI
and request that they may be permitted to be present through the
Counsel.
(c) They will not dispute their identity as the accused in the case.

GST LAW TIMES  23rd July 2020  70