2021 (6) TMI 768

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....y Bail to the petitioner. 3. The case of the prosecution is that the petitioner has floated fake company Iron-Scrap dealers which included M/s.Aaliya Enterprises, M/s.Vinayaka Enterprises, M/s.A.R.Enterprises and several other units, and has issued invoices for a value of around Rs. 50 Crores, involving GST of 9.70 Crors through five fake companies. The petitioner alleged to have availed input tax credit based on fake invoices and has committed offences under Sections 132 (1)(b) and 132(1)(c) of Central Goods and Services Act, 2017, (In short "CGST Act") punishable under Section 132 (1)(i) of CGST Act, 2017. The petitioner is in judicial custody from 29.10.2020 for alleged offences under Sections 132(1)(b) & 132(1)(c) of the CGST Act, 2017....

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....e Investigating Agency did not file charge sheet within the statutory period of 90 days, and therefore, the learned Chief Judicial Magistrate, Coimbatore, ought to have granted bail to the petitioner under Section 167 (2) of Cr.P.C. It is to be noted that admittedly, the learned Principal District and Sessions Judge, Coimbatore, granted bail to the petitioner on 14.12.2020 itself with certain conditions. Since the petitioner could not comply with the conditions imposed by the learned Principal District and Sessions Judge, filed a modification petition before this Court and this Court, by an order dated 22.02.2021, refused to modify the conditions and however, granted six week times to comply the conditions imposed by the learned Principal D....