The Punjab & Haryana High Court granted interim bail to a person accused of wrongful availment of Input Tax Credit (ITC) without supplying Goods or Services.
Mr. Saurabh Kapoor, counsel for the petitioner, Seema Jain submitted that son of the petitioner, namely Sahil Jain, was arrested on November 11 2020 and when his statement was recorded, it surfaced that he was the person, who was managing the affairs of all the firms, though the petitioner, being his mother, was partner of four firms i.e. M/s Free Style BLVD Co., M/s Adventure Apparels, M/s Pepper ST BLVD, M/s Wicked Stitch and proprietor of Ms/ Syada Apparels.
Mr. Kapoor stated that petitioner is a housewife, aged about 53 years, and she has no criminal antecedents and is ready to join investigation.
On the other hand the respondent-complainant, at this stage, submits that since the offence is an economic offence, therefore, in case the petitioner fails to cooperate with the investigation, he may be permitted to move an application for cancellation of the interim bail.
The single judge bench of Justice Arvind Singh Sanghwan while listing the matter on August 24, 2021 said that meanwhile, in the event of arrest, the petitioner be released on interim bail subject to her furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438 (2) Cr.P.C.
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