Azad Singh v. State Of Haryana

CRM-M-11968-2024 2024:PHHC:035800

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-11968-2024 Date of decision : 13.03.2024 AZAD SINGH ....Petitioner

Versus

STATE OF HARYANA ....Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Devinder Singh, Advocate for the petitioner.

Mr. A.K. Sehrawat, DAG, Haryana.

PANKAJ JAIN, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.348 dated 24.10.2020 registered for the offences punishable under Sections 132 of Central Goods and Services Tax Act (CGST), 2017 and Sections 406, 419, 420, 465, 468, 471 of the Indian Penal Code, at Police Station Civil Lines, District Sirsa. 2.

Custody Certificate of the petitioner has been filed today in Court. The same is taken on record.

3.

Counsel for the petitioner submits that the allegations relate to refund on the basis of bogus documents. Petitioner who is a retired employee of the State at the relevant point of time was working as Taxation Inspector and has thus nothing to do with the submission of the documents as his responsibility was primarily the enforcement. Apart from that the Deepak Kumar 2024.03.13 17:39 I attest to the accuracy and integrity of this document

CRM-M-11968-2024 2024:PHHC:035800 Challan stands presented. Petitioner is behind bars for more than 3 months, 9 days. Being pensioner, there can't be any apprehension that the petitioner shall flee away from the process of law.

4.

State Counsel is not in posititon to dispute the factual assertions made by counsel for the petitioner based on record. 5.

I have heard counsel for the parties and have gone through records of the case.

6.

Without commenting on the merits of the case, keeping in view the incarceration already suffered by the petitioner and the fact that the investigation already stands concluded and Challan stands presented, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.

7.

Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. March 13, 2024 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2024.03.13 17:39 I attest to the accuracy and integrity of this document