The Delhi High Court restored the Bail to persons accused of repeatedly indulging wrongfully passing of ITC subject to deposit of Rs.1 lakh.
The petitioner vide the present petition seeks the setting aside of the order of the Court of the learned CMM in case “Directorate General of GST Intelligence, Gurugram vs Kabir Kumar” and also seeks restoration of the bail granted to the petitioner vide order dated 05.12.2020 till the pendency of this petition and also seeks stay of the operation of the impugned order.
Another application seeking cancellation of regular bail was again filed by the respondent submitting to the effect that the applicant/ petitioner herein had flouted the condition of the order dated 05.12.2020, which reads to the effect that the accused shall not indulge in similar offence in future. It is submitted in the said application that whilst taking forward its investigation, the applicant/ department has arrested two associates of the applicant herein i.e. the respondent to the application seeking cancellation of bail named Manish and Vikas who were then in judicial custody.
The respondent submitted that application i.e. the present petitioner was still engaging himself in issuance of fake paper invoices and thereby passing of fake / ineligible ITC running into crores of rupees and the said statements were specific in nature and give the exact details of the manner in which the respondent / accused i.e. the present petitioner was functioning and that the statements have also not been retracted till date despite a considerable period of time having elapsed.
The single bench of Justice Anu Malhothra held that the order of the learned CMM, New Delhi is set aside, the same is set aside subject to deposit of the costs of Rs.1 lakh in the Delhi High Court Legal Services Committee during the course of the day by the petitioner with direction to place on record the receipt of said cost before the learned CMM/ New Delhi/ Link MM.
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