Bail to be granted to accused after 1 year in custody due to co-accused’s bail: SC

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  • Last Updated on 21 January, 2023


Case Details: Vipin Garg Alias Bindu v. State of Haryana - [2023] 146 332 (SC)

Judiciary and Counsel Details

    • Aniruddha Bose & Sudhanshu Dhulia, JJ.
    • Siddarth Dave, Sr. Adv. Shreeyansh Uday LalitMs Raveena LalitAbhinav AggarwalAbhaygopal KrishnaMs Runghum GargAnurudh Singh, Advs. & Ishaan George, AOR for the Petitioner. 
    • Deepak Thukral, Dy. AG. Jitender Kumar, Adv. & Ms Dr. Monika Gusain, AOR for the Respondent.

Facts of the Case

The appellant was arrested primarily on the allegation of misuse of input credit under the Central Goods and Services Act, 2017 and the application of bail was rejected. He was in detention since 27-1-2022 along with another accused. The appellant filed appeal against rejection of bail and submitted that the co-accused had already been enlarged on bail on 29-6-2022.

The department submitted that the loss to the exchequer caused by the accused persons was to the extent of rupees six crores and no recovery has as yet been made.

Supreme Court Held

The Honorable Apex Court noted that the charge-sheet has been submitted and therefore further detention of the appellant pending trial would not be necessary. Moreover, the State has not filed any petition for special leave to appeal in regard to the co-accused who has been enlarged on bail by the High Court. Therefore, the Court held that the appellant should be released on bail on such terms and conditions which the Trial Court may deem fit and proper.

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