HC granted bail to applicant who was in jail for 16 months for offence u/s 132 of the CGST Act

Case Details: Raman Kumar Chopra v. State of Punjab - [2023] 146 taxmann.com 157 (Punjab & Haryana)

Judiciary and Counsel Details

• • Gurvinder Singh Gill, J.

Facts of the Case

During the course of investigation, it was found petitioner was running a network of bogus firms and had created seven firms in his own name or in the name of his family members, employees and their family members. The petitioner was arrested by the GST department on ground that he availed ineligible ITC based on fake invoices raised by bogus firms. He filed petition seeking bail as he had been in jail for around 16 months already.

High Court Held

The Honorable High Court noted that the petitioner had been in jail for around 16 months and only charge against petitioners was under section 132 of CGST Act which provides for maximum period of 5 years imprisonment. In any case the maximum sentence that could be imposed in respect of offences for which complaint had been filed would be 5 years. The Court also noted that the trial was yet to commence and conclusion of trial would likely to consume time. Therefore, it was held that detention was not justified and petitioner was directed to be released on bail subject to furnishing bail bond/surety bond and other conditions.