The Gujarat High Court granted bail to co-accused in the matter concerning Rs. 700 crores GST scam case involving tax amount of 35 crores.
By way of the present petition under Section 439(2) of the Code of Criminal Procedure, 1973, the petitioner State has prayed to quash and set aside the order dated 11.11.2021, passed by the learned District & Sessions Judge, Junagadh, whereby, the learned Session Judge has granted regular bail to the respondent – original accused.
The APP though strongly argued to cancel the bail on submission that the concerned Court, while granting bail did not consider the factors to be considered for granting or rejecting the bail. It was also argued that the Sessions Court has failed to notice the detailed affidavit / objections filed by the original complainant.
It was submitted that the concerned Court also failed to take note of the fact that bogus documents were created in the form of e-way bills, though, no actual transaction had taken place and thereby, a huge scam to the tune of more than Rs.700/- crore, involving the tax of Rs.35/- crore is committed. However, she failed to submit any supervening circumstances being rendered in conducing to allow fair trial or breach of any condition of bail.
On the other hand, the Advocate for the respondent supported the impugned order and submitted that the case of the co-accused was considered by the Coordinate Bench of this Court and he was granted regular bail vide order dated 11.07.2019. It was submitted that the aforesaid order has not been challenged, till date. It was, therefore, prayed that this petition be dismissed.
A Single Bench of Justice JC Doshi observed that “Thus, this Court finds no circumstances, more particular, when the co-accused is granted bail by the Coordinate Bench of this Court and such order has remained un-challenged, till date, to adjudge the impugned order as unjust and contrary to the settled principles of law. As held earlier, the petitioner has failed to point out supervening circumstances, which may interfere with the fair trial.”
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