RAJINDER BASSI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners, against whom there are allegations of having caused loss to State-Exchequer to the tune of Rs.20 crores appx. by evasion of payment of GST, seek grant of interim bail, mainly on account of the prevelant conditions of spread of COVID-19 virus.

(2.) It has been contended on behalf of the petitioners that since a large number of inmates are confined in New District Jail, Nabha and the threat of spread of pandemic COVID-19 still looms large and since a policy has in fact been framed by the State Government for release of prisoners, the present petitioners deserve to be released on bail in terms of the policy. The learned counsel while referring to the policy (Annexure P-2) has submitted that as per the said policy the under-trials against whom cases have been registered for offences punishable for imprisonment for a period upto 7 years, are entitled to be released on bail and that the petitioners against whom a complaint has been filed under section 132 of GST Act 2017, which is punishable for a maximum sentence of 5 years, would be fully covered under the said policy.

(3.) Opposing the petition, the learned State counsel submitted that keeping in view the huge amount involved in the present case i.e. Rs.20 crores, the offence in question assumes enormity. It has further been submitted that the order dated 23.3.2020 of the Supreme Court would not vest the petitioners with any absolute right for their release on bail as also been clarified by Hon'ble Supreme Court itself. The learned State counsel has pointed out that in furtherance to decision taken by the high-powered committee constituted pursuant to directions of the Supreme Court, a large number of prisoners have already been released on parole or on interim bail and there is no longer any congestion in the jails. It has further been submitted that as on date there is no reported case of COVID-19 in the jail premises so as to pose any threat of spread of COVID-19 in Jail and as such the apprehension of the petitioners of contracting the virus within jail premises is misconceived.