The Rajasthan High Court in the light of the order passed by the Supreme Court ordered that in case of investigation is not completed in terms of aforesaid order passed by the Hon’ble Supreme Court, i.e., within three months from April 17, 2020, petitioner be released on bail by the trial court, subject to its satisfaction.
The Petitioner, Rajesh Arora filed a petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. registered at Directorate General of Goods and Services Tax Intelligence Zonal Unit, Jaipur for offenses of wrongful availment of Input Tax Credit (ITC) under Sections 132 of the Central Goods and Services Tax Act, 2017.
The petitioner contended that the petitioner has been in custody since August 3, 2018. The maximum period of a sentence that can be awarded in the present case is five years.
The Rajasthan High Court consisting of Justice Sabina in the light of the order passed by the Supreme Court ordered that in case of investigation is not completed in terms of aforesaid order passed by the Hon’ble Supreme Court, i.e., within three months from April 17, 2020, petitioner be released on bail by the trial court, subject to its satisfaction.
“It is further ordered that in case investigation is completed within three months from the date of the order passed by the Hon’ble Supreme Court, i.e., 17.04.2020, it would be open for the petitioner to move the trial court for bail. In case, any such application is filed by the petitioner, the same be disposed of by the trial court on merits in accordance with the law,” the court further observed.
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