Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
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HC allowed the applicant's bail application and ordered release on furnishing appropriate surety. The applicant, accused of embezzling funds exceeding Rs.120 crores through fictitious suppliers to facilitate illegal sales and GST evasion, was held to face a prosecution principally reliant on documentary and electronic evidence, with investigation completed and trial likely to be protracted. Although the offence under s.132(1)(i) C.G.S.T. Act is cognizable and non-bailable, it carries a maximum sentence of five years and is triable by a Magistrate. The applicant has no antecedent criminal record and there is no demonstrable risk of tampering with documentary proof; accordingly, applying settled principles governing custodial bail, release on bail was directed.
HC allowed the applicant's bail application and ordered release on furnishing appropriate surety. The applicant, accused of embezzling funds exceeding Rs.120 crores through fictitious suppliers to facilitate illegal sales and GST evasion, was held to face a prosecution principally reliant on documentary and electronic evidence, with investigation completed and trial likely to be protracted. Although the offence under s.132(1)(i) C.G.S.T. Act is cognizable and non-bailable, it carries a maximum sentence of five years and is triable by a Magistrate. The applicant has no antecedent criminal record and there is no demonstrable risk of tampering with documentary proof; accordingly, applying settled principles governing custodial bail, release on bail was directed.
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