LAWS(RAJ)-2020-10-26

SANDEEP GOYAL Vs. UNION OF INDIA

Decided On October 13, 2020
SANDEEP GOYAL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Vide this order, abovementioned two bail petitions would be disposed of. Petitioners have filed these petitions under-Section 439-of Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. 15/2018 registered at Police Station DGGI, GST, Jaipur (Raj.) for offences under-Sections 132(1)-(b) (c) (d) (f) (i) and (l) read with-Section 132-(1) (i) (iv) and read with sub-section (5) of the Central Goods and Services Tax Act, 2017.

(2.) Learned counsel for the petitioners have submitted that the petitioners are in custody since 03.08.2018. Maximum punishment that can be awarded is sentence of five years. Hence, the petitioners were entitled to be released on bail. Case is listed for pre-charge evidence before the trial court. Investigation in the present case was completed in July, 2020. Hence, there is no possibility of conclusion of trial at an early date. In support of their arguments, learned counsel have placed reliance on judgment of the Hon'ble Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, (2012) 1 SCC 40, wherein it was held as under:

(3.) Learned counsel for the respondent has opposed the petitions and has submitted that allegations levelled against the petitioners were serious in nature. After thorough investigation of-the case it transpired that accused had created 75 fake firms and had issued GST invoices of taxable value of Rs. 1163,13,39,281/- involving GST of Rs. 102,18,27,034/- without any physical movement of goods.