Condonation of refiling delay refused where repeated defects, lack of diligence and vague explanations defeated the appeal against resolution plan app...
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The HC allowed the applicant's bail application and ordered release on furnishing requisite surety and complying with imposed conditions. The court noted allegations of large-scale GST fraud involving fictitious ITC transfers approximating Rs.185 crore and charges under the CGST Act, but emphasized the applicant's one-year custodial incarceration, that the offences carry a maximum punishment of five years and are magistrate-triable, and that trial remains at an early stage. Relying on appellate precedent recognizing documentary/electronic evidence and completed investigation as bail factors, the court reiterated that bail is the norm and detention the exception. Accordingly, bail was granted subject to supervisory conditions and prosecutorial safeguards.
The HC allowed the applicant's bail application and ordered release on furnishing requisite surety and complying with imposed conditions. The court noted allegations of large-scale GST fraud involving fictitious ITC transfers approximating Rs.185 crore and charges under the CGST Act, but emphasized the applicant's one-year custodial incarceration, that the offences carry a maximum punishment of five years and are magistrate-triable, and that trial remains at an early stage. Relying on appellate precedent recognizing documentary/electronic evidence and completed investigation as bail factors, the court reiterated that bail is the norm and detention the exception. Accordingly, bail was granted subject to supervisory conditions and prosecutorial safeguards.
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