High-Stakes Legal Battle: Supreme Court Strikes Down Excessive Rs. 1.5 Crore Bail Condition in GST Case, Preserves Other Terms SC allowed appeal challenging bail condition of depositing Rs.1.5 crores, finding it unsustainable. The court set aside the specific financial deposit ...
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High-Stakes Legal Battle: Supreme Court Strikes Down Excessive Rs. 1.5 Crore Bail Condition in GST Case, Preserves Other Terms
SC allowed appeal challenging bail condition of depositing Rs.1.5 crores, finding it unsustainable. The court set aside the specific financial deposit requirement while maintaining other bail conditions. Both appellant's counsel and ASG agreed the monetary condition was inappropriate given the nature of the GST-related case.
Issues involved: Challenge to bail condition of depositing Rs.1.5 crores within 12 weeks
Summary: The Supreme Court heard the challenge to an order passed by the High Court of Gujarat granting bail to the appellant subject to the condition of depositing Rs.1.5 crores within 12 weeks from the date of release. The appellant's counsel argued that this condition was unsustainable as the First Information Report was related to wrongful availing of Input Tax Credit and there was no final assessment under the GST Act to establish the legal liability to pay the amount. The ASG representing the Union of India/State also acknowledged that such a condition should not be imposed while granting bail.
In light of the submissions and circumstances, the Supreme Court held that the condition directing the appellant to deposit Rs.1.5 crores within 12 weeks from release was not sustainable and set it aside. However, the other conditions in the bail order were upheld. The appeal was allowed to that extent, and any pending applications were disposed of accordingly.
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