Alka Verma-
Published On: November 08, 2021 at 21:45 IST
Recently, the Punjab and Haryana High Court has granted Bail to a person who was Accused of facilitating big firms to save on GST by floating bogus firms in a fraudulent manner.
In the said case, Manish and Rajesh who were the two Accused were charged by a Trial Court and they moved to High Court.
In their Petition they stated that all the allegations against them were fake and there was no solid proof to prove the allegations.
It is said that the two were Accused of having floated bogus firms and through it only they used to enter into bogus transactions with bigger firm.
Adding to this, the two deposited huge amounts in the Bank accounts of the bogus firms and through this process they saved bigger firms on GST in a Fraudulent manner.
However, the two of them denied all these allegations.
The Counsel appearing for the two Accused argued that this was a case of Double Jeopardy as they were also tried under a separate complaint under Section 132 of CGST Act 2017 wherein, they have already been granted Bail.
Furthermore, the Counsel also stated that they were in the Jail from last 2 1⁄2 years and now they deserve Bail.
The Single Bench comprising Justice Gurvinder Singh Gill after observing that there was no use to Detain someone who was in the Custody from last 2 1⁄2 years, he allowed Bail.
“Since the matter is stated to be fixed before the Trial Court on 2.11.2021 to consider the framing of charges, the Trial Court shall endeavor to hear arguments on the question of framing of charge on the said date and to proceed with the matter expeditiously. The Accused are directed to render utmost cooperation with the proceedings of the trial. In case, the Trial Court finds that the accused are not rendering cooperation or are resorting to dilatory tactics, it shall be open to the Trial Court to cancel the Bail after issuing notice to the Accused through their Counsel,” stated Justice Gill.
At the end, Justice Gill stated to release them on the Surety Bonds as per the satisfaction of the concerned Officials.
Also Read: Arbitration of Fraud Disputes
GST Fraud: SC stays payment of Rs. 25 crores as bail condition for the prime accused