2020 (12) TMI 1041

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.... After his arrest in the afore-referred matter, the petitioner filed an application before the Trial Court seeking regular bail which was allowed by the Trial Court. However, the same was subject to several conditions including furnishing of bail bonds in the sum of Rs. 50 lakhs with one surety in the like amount to the satisfaction of the Illaqa Magistrate/Duty Magistrate as also payment of the entire outstanding GST liability alongwith interest etc. Through the present petition filed under Section 482 Cr.P.C., the petitioner assails the aforesaid order of the Trial Court granting him bail to the extent of it imposing on the petitioner the condition to pay to the State the entire out-standing GST liability alongwith interest etc. and furn....

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....It is settled principle that bail is the rule and jail is the exception and mere seriousness of the charge is not a factor to be taken into account while denying the valuable right of liberty. The basic principle being the man is innocent till he is found guilty. The factum of the investigation being complete and enquiry having been completed and the relevant documents being in possession of the prosecution, the petitioner thus cannot be detained during the trial only on account of the fact that a bail order in the form of a recovery proceedings has been passed against him to pay the outstanding worth almost Rs. 2 crores along with interest. The Apex Court in Sanjay Chandra Vs. CBI 2012 (1) SCC 40, whereby the accused was charged under Se....