In a recent judgement, the Bombay High Court refused to grant right to travel abroad since the application for cancellation of bail by the GST department is pending before the Session Court.
Mayurkumar Jaysukhlal Gohel, the Applicant is released on bail by the Court of the 11th Joint CJJD and JMFC Belapur, Vashi as per Order dated 19/01/2023. It was alleged that the Applicant through his Company namely M/s. Euphoria Technologies Private Limited has indulged in the issuance of the invoices without the actual supply of the goods and availed benefit of the input tax credit to the tune of Rs. 18.79 Crores.
The Court was pleased to grant bail to the Applicant on conditions. It was claimed that he has complied with all the conditions imposed by the trial magistrate. The Applicant intends to travel to Dubai for business reasons and to fulfilling his family commitments as his minor son and his wife are residing in Dubai. Whereas the Applicant is doing business in the Dubai and his company possesses a commercial license as per the laws of that country.
The Applicant and his minor son possessed the visa. The VISA granted to his minor son expired on 08/03/2023 whereas VISA granted to the Applicant expired on 18/01/2023.
It was found that apart from the issue of entitlement to travel abroad, the other contentious issue is about possession of the passport. The Applicant claims that at the time of his arrest, the department has taken into possession of his passport.
A Single judge bench comprising Justice Modak S M refused to accept the request only for one reason that the application filed by the department for cancellation of the bail is pending before the Court of Sessions. The Applicant is at liberty to move again if an application for cancellation of bail is rejected. It is made clear that when this Court has rejected the application to travel abroad, it is expected that a hearing of that application needs to be taken on a priority basis.
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