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<h1>Regular and interim bail in GST invoice fraud: appellants released on bail subject to conditions and mandated court appearances.</h1> Decision addresses grant of regular and interim bail to accused involved in operating fictitious firms and issuing fake GST invoices; court reasons that ... Regular bail - interim bail - operating a network of fictitious firms by obtaining GST registrations in the names of their associates and relatives - issue fake bills and invoices - constructive custody - non-surrender - grant and cancellation of bail - cooperation in trial and prohibitions on tampering with witnesses - HELD THAT:- Even though the appellants were released on interim bail due to a benefit extended by this Court, keeping in view the conduct of the appellants in regularly appearing before the Trial Court and the fact that nothing has come forward showing that they have involved themselves in unlawful activities or have violated any of the bail conditions during the period of their release on interim bail, no meaningful purpose would be served by directing their incarceration at this stage. We, therefore, direct that the appellants be released on bail subject to furnishing of bail bonds to the satisfaction of the Trial Court and subject to such terms and conditions as may be imposed by it. The appellants shall appear before the Trial Court on the dates fixed, unless exempted; and should the appellants fail to appear on any date without justifiable cause or breach any of the terms and conditions for grant of bail, the Trial Court shall be at liberty to cancel the bail. We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the case. Appeals are allowed. Issues: Whether appellants, who were released on interim bail under earlier orders but did not physically surrender after withdrawal of that benefit and who continued to appear before the Trial Court, are entitled to grant of regular bail during trial.Analysis: The appellants were earlier released on interim bail and later, after withdrawal of the interim-bail direction, did not physically surrender but regularly appeared before the Trial Court. The record shows appearances before the Trial Court and no material indicating violation of bail conditions, involvement in unlawful activities, or obstructive conduct during the period of interim release. The justice of incarceration at this stage was examined in light of the appellants' conduct of cooperation with the trial process and absence of any adverse material relating to breach of bail terms.Conclusion: The appeals are allowed and the appellants are directed to be released on bail subject to furnishing bail bonds to the satisfaction of the Trial Court and subject to such terms and conditions as the Trial Court may impose; failure to appear or breach of conditions will entitle the Trial Court to cancel bail.
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