HC granted bail to applicant accused of tax evasion since dept. failed to lead pre-charge evidence for six months

Case Details: Rajan Arora v. State of Punjab - [2022] 145 taxmann.com 89 (Punjab & Haryana)

Judiciary and Counsel Details

• • Pankaj Jain, J.
  • H.S. Brar, Sr. Advocate, J.S. Bedi & Sumeetpal Singh Sidhu, Advs. for the Petitioner.
  • Arun Gupta, AAG for the Respondent.

Facts of the Case

The petitioner was accused for tax evasion by creating a network of 16 firms which were dealing with scrap of iron and steel or were trading in supply of manufactured items. He was arrested and was in jail for six months. It filed petition for regular bail contending that the prosecution had not been able to lead any pre-charge evidence against.

High Court Held

The Honorable high Court observed that the investigation in the instant case had been concluded and the challans were presented. Thus, there can’t be any apprehension that the petitioner shall tamper with the evidence. Also, this fact assumed significance in the background of the conduct of the agency having failed to lead pre-charge evidence for 6 months. Therefore, petitioner was to be released on regular bail on furnishing bail/surety bonds as he could not be kept behind bars for indefinite period.