The High Court of Orissa at Cuttack rejected the application for anticipatory bail filed by Ronak Beriwal in connection with alleged economic offences under the Odisha GST Act, 2017, due to the grave nature of the case involving huge unlawful gain.
Application for anticipatory bail dismissed; petitioner directed to move for regular bail upon surrender.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1837 of 2021
Ronak Beriwal
…. Petitioner.
Mr.Sachin Ku. Sahu, Advocate
-Versus-
State of Odisha & another
…. Opposite Parties. Mr. Sunil Mishra Additional Standing Counsel for CT & GST
CORAM:
JUSTICE D. DASH
Order No.
ORDER 09.07.2021
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It is further stated that the Petitioner in collusion with co-accused persons has created and operated all those fictitious firms in pen and papers in the name persons who have no such means at all.
Page 2 of 3
// 3 //
nature for making huge unlawful gain by causing huge loss to the State Exchequer by putting up the show for such sincere involvement in business and carrying out the same, his entitlement to the huge sum as incentive in the form of Input Tax Credit (ITC) flowed which he received having the tendency of foiling the entire move in introducing this new Tax Regime, I am not inclined to grant anticipatory bail to the Petitioner.
However, it is observed that in the event the Petitioner surrenders before the learned Court in seisin of the case and moves for his release on bail, the same shall be considered on its own merit without being prejudiced by this order and disposed of early in accordance with law so as to enable the Petitioner to move the next higher forum early in case necessity so arises.
The ABLAPL stands disposed of accordingly.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798 dated 15th April, 2021.
(D. Dash) Judge
Narayan
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner for alleged offences under Section 132 of the Odisha GST Act, 2017.
1 provisions across 1 enactments
Ronak Beriwal
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
