The High Court of Jharkhand ordered the release of the petitioner, an accused in a tax fraud case, on bail on four months' custody, citing mere suspicion and liability of service as grounds.
Release of petitioner on bail by furnishing surety of Rs 10,000 each with the learned Judicial Magistrate.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2613 of 2019
Rajesh Saw ... .Petitioner Versus The State of Jharkhand. ..... Opposite Party
Coram: HON'BLE MR JUSTICE RONGON MUKHOPADHYAY ---------For the Petitioner : Mr. Jitendra S. Singh, Advocate : Mr. Jitesh Kumar, Advocate For the State : APP. -----
05/28.11.2019 Heard the parties.
The petitioner is an accused in connection with Deoghar (Town) P.S. Case No. 351 of 2018, G.R. No. 955 of 2018.
It has been alleged that M/s Saha Enterprises had taken registration on the basis of various documents and the said Firm was found to be non- existent. It has been alleged that Input Tax Credit of Rs.24.46 crores was encashed by the said Firm.
It has been submitted by the learned counsel for the petitioner that petitioner has been implicated merely on account of the fact that he had a conversation on mobile with one of the co-accused-Moti Saha and call detail report of Alok Agarwal, Sales Tax Practitioner. Learned counsel for the petitioner has submitted that the petitioner is in custody since 28.9.2018.
Learned A.P.P. has opposed the prayer made by the learned counsel for the petitioner.
In view of the fact that the petitioner has been implicated merely on account of suspicion coupled with the period of custody undergone by the petitioner, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand only), with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class Deoghar in connection with Deoghar (Town) P.S. Case No. 351 of 2018, G.R. No. 955 of 2018.
(Rongon Mukhopadhyay, J)
Rakesh/-
1 issue framed by the court
Whether the petitioner should be released on bail given the nature of his implication and the period of custody.
Rajesh Saw
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
