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Bail granted when accused willing to deposit certain amount with GST Authorities

Bimal jain
Conditional bail through deposit with GST authorities can be considered where prolonged custody and cooperation are shown. An accused charged with GST violations who has been in custody for an extended period may be considered for conditional pretrial release where the accused undertakes to deposit funds with the GST authorities; the court treated the custody duration and the deposit offer as material, and conditioned release on executing a bond with two sureties and the agreed deposit with tax authorities. (AI Summary)

The Hon’ble Madras High Court in the case of ISITHORE VERSUS THE SENIOR INTELLIGENCE OFFICER, DIRECTOR GENERAL OF GST INTELLIGENCE, TRICHY DISTRICT. - 2024 (2) TMI 354 - MADRAS HIGH COURTallowed the bail application of the Accused Chartered Accountant on the condition that the certain amount be deposited with the GST Authorities. 

Facts:

Isithore (“the Petitioner”) is a Chartered Accountant and has been alleged to commit GST violation and thereby, the case was registered against the Petitioner by the GST Authorities (“the Respondent”) for which the present bail application is filed.

Issue:

Whether Bail Application be allowed when accused is willing to deposit certain amount with GST Authorities?

Held:

The Hon’ble Madras High Court in the case of ISITHORE VERSUS THE SENIOR INTELLIGENCE OFFICER, DIRECTOR GENERAL OF GST INTELLIGENCE, TRICHY DISTRICT. - 2024 (2) TMI 354 - MADRAS HIGH COURTheld as under:

  • Opined that, as the Petitioner is in judicial custody for more than seven months and has come forward to deposit the sum of Rs. 50,00,000/- to the Respondent, the Hon’ble Court may consider the Petitioner's bail application.
  • Held that, the Petitioner be released on bail by executing the bond with two sureties.

(Author can be reached at [email protected])

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