Prolonged custody and slow trial justified regular bail in GST prosecution, while maintainability issues were left for trial.

Prolonged pre-trial custody and the likelihood of a slow trial justified grant of regular bail in a GST-related prosecution, particularly where the alleged offences were triable by a Magistrate. The court treated the maintainability objection to the FIR under the GST regime as a matter for trial and did not decide it at the bail stage. Bail was therefore granted, with the substantive merits left open for determination by the Trial Court.

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Issues: Whether the petitioner, accused in a GST-related prosecution, was entitled to regular bail in view of prolonged custody and the stage of trial.

Analysis: The petitioner had remained in custody for more than one year and the trial was likely to take considerable time. The offences alleged were triable by a Magistrate. The question whether the FIR was maintainable under the GST regime was not decided at the bail stage and was left for determination by the Trial Court during trial.

Conclusion: The petitioner was held entitled to regular bail.

Final Conclusion: Custodial delay and the nature of the trial justified release on bail, without adjudicating the merits of the maintainability objection.

Ratio Decidendi: Prolonged pre-trial custody, coupled with a slow-moving trial in offences triable by a Magistrate, can justify grant of regular bail while leaving substantive merits for trial.

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