Regular bail in GST prosecution granted where prolonged custody and pending trial showed no further need for detention.
Regular bail was granted in a GST prosecution under Section 132 after the accused had spent about six months in custody and the trial was still pending. The Court treated the stage of the proceedings and the absence of any demonstrated need for further custody as significant, noting that continued incarceration would serve no useful purpose while the complaint remained to be adjudicated. Release was ordered on furnishing the requisite bonds before the trial court or duty magistrate.
Issues: Whether the petitioner was entitled to regular bail in a prosecution under Section 132 of the GST law, in view of the period already spent in custody and the stage of trial.
Analysis: The petitioner had remained in custody for about six months. The allegations were serious, but the merits of the complaint were yet to be adjudicated by the trial court. The Court noted that continued incarceration would not serve any useful purpose, particularly when the case was pending trial and further custody was not shown to be necessary.
Conclusion: Regular bail was granted to the petitioner.
Final Conclusion: The proceeding was finally disposed of by directing release of the petitioner on bail on furnishing the requisite bonds before the trial court or the duty magistrate.
Ratio Decidendi: Where the accused has already spent substantial time in custody and the trial is still pending, continued detention may be declined if further custody is not shown to be necessary and no useful purpose would be served by incarceration.
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