TaxTMI 
TaxTMI 
2022 (8) TMI 148
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....mmon order. 2. The applicants have filed present applications under Section 439 of the Code of Criminal Procedure seeking regular bail in connection with the File No. ACST/U-10/EXPIFT IMPEX/2021-22, for the offences punishable under Sections 132(1)(b), 132(1)(c) of the Gujarat Goods and Service Tax Act, 2017 and Central Goods and Services Tax Act, 2017 read with Section 120B of the Indian Penal Code. The applicants Janak Panchal and Arfanabanu Shaikh have been arrested on 27.12.2021, whereas, applicant Amit Devani arrested on 31.12.2021 and applicant Avesh Afroz arrested on 04.01.2022. The regular bail applications filed before the concerned Judicial Magistrate Court and Sessions Court concerned came to be rejected. 3. Aggrieved by the or....
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....offence has already been filed before the Court concerned and therefore, when investigation is virtually over, detaining the applicants for further period is unwarranted. (vi) the applicants do not have criminal history and having deep roots in the society. (vii) The applicants are in custody since long and the case is triable by magistrate and maximum punishment for the offence is upto 5 years. (viii) on instructions, it was submitted that, the applicants are individually willing to deposit Rs.1 crore without prejudice to their rights and contentions, within one month from their release; (ix) Ld. Counsel Mr. Chetan Pandya, for and on behalf of the applicant Avesh Afroz Lokhandwala submitted that, the applicant is neither an importe....
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.... proper investigation which still underway and therefore, if bail is granted, it may hamper the investigation and the applicants may manipulate or destroy the evidences to derail the investigation. Thus, therefore, learned APP submitted that, considering the gravity of the offence and its impact on the society, no case is made out for exercising discretion in favour of the applicants. 9. Heard at length learned counsel for the respective parties and perused the material placed on record. 10. In order to appreciate the rival submissions, following facts of the case are required to be recorded:- The applicant Arfanabanu Shaikh is a Director of Expifit Impex Pvt. Ltd and Seam Globus Pvt. Ltd, whereas, the applicant Janak Panchal is a Direc....
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....ered the facts and circumstances of the present case, this is a case where the applicants need to be enlarged on bail for the following reasons:- (i) In the matter of bail, there is no straitjacket formula for consideration of bail to an accused as it all depends upon the facts and circumstances of each case. In the facts of present case, the offence under the Act are compoundable and maximum punishment is upto 5 years. The applicants are in custody since December, 2021 and investigation part is concerned, it is virtually over. It is an admitted fact that, still adjudication proceedings is not commenced and no notice as provided under the Act is issued. Even after adjudication of liability, the applicants can challenge it before the appel....
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....sed to stand trial. In the facts of present case and reasons as discussed, (i) to (v), the applications deserve consideration. 12. For the foregoing reasons, applications are allowed on a condition that the applicants shall deposit Rs.1 crore individually before the respondent office at Ahmedabad, within a period of one month from their release. Accordingly, the applicants are ordered to be released on regular bail in connection with the File No.ACST/U-10/EXPIFT IMPEX/2021-22, on executing a personal bond of Rs.25,000/- (Rupees Twenty Five Thousands only) each with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that they shall; Nos. Conditions (a) not take undue advantage of ....